iilftWii  i]() CI AL  HISTORY  SERIES 


UNIVERSITY  OF  CALIFORNIA 
AT  LOS  ANGELES 


IOWA  SOCIAL   HISTORY  SERIES 

EDITED    BY    BENJAMIN  F.   SHAMBAUGH 


SOCIAL  LEGISLATION  IN  IOWA 


IOWA  SOCIAL   HISTORY   SERIES 
EDITED   BY  BENJAMIN   F.    SHAMBAUGH 


history  of 
Social  Legislation 

IN  IOWA 


BY 
JOHN  E.  BRIGGS 


PUBLISHED   AT    IOWA    CITY    IOWA    IN    1915    BY 
THE    STATE    HISTORICAL    SOCIETY    OF    IOWA 


THE    TORCH    PRESS 

CEDAR     RAPIDS 

IOWA 


EDITOR'S  INTRODUCTION 

S  Scholars  are  no  longer  called  upon  to  prove 
j  that  the  story  of  social  progress  is  history.  Nor 
is  it  necessary  to  apologize  for  discussing  the  pro- 
motion of  social  welfare  through  legislation :  in- 
deed, the  modern  point  of  view  in  all  legislation 
is  social.  It  is,  therefore,  profitable  to  review  the 
history  of  social  legislation  in  Iowa  in  order  that 
we  may  see  more  clearly  the  steps  that  should  be 
A  taken  next.  Thus  the  researches  of  Mr.  Briggs 
in  this  volmiie  on  the  History  of  Social  Legisla- 
tion in  loiva  will  serve  both  a  scientific  and  a 
practical  purpose. 

Bexj.  F.  Shambaugh 


Office  of  the  Superintendent  and  Editor 

The  State  Historical  Society  of  Iowa 

Iowa  City  Iowa 


203470 


AUTHOR'S  PREFACE 

Social  problems  are  eveiywhere  occupying  the  at- 
tention of  the  public  mind  to-day.  The  railroad 
magiiate  and  the  inmate  of  the  poorhouse,  the  work- 
ingman  and  the  scholar,  the  propagandist  and  the 
legislator,  all  sense  the  need  of  social  reformation. 
Deep-seated  in  the  mind  of  everyone  there  is  the 
subconscious  disapproval  of  the  spirit  of  professional 
money-making,  of  the  aristocracy  of  big  business,  of 
the  inefficiency  that  is  so  prevalent,  of  the  high  cost 
of  living,  of  the  standard  of  public  morality,  of  the 
method  of  dispensing  charity. 

In  consequence  of  the  general  social  unrest  and  the 
development  of  a  social  conscience,  there  has  fol- 
lowed the  endeavor  to  remedy  the  situation  by  legis- 
lation. Whenever  conditions  have  become  sufficient- 
ly adverse  or  new  doctrines  have  been  conceived, 
agitation  for  new  laws  has  begun.  Legislation  may 
be  regarded  as  the  final  crystallization  of  public 
concern  into  definite  regulations.  It  may,  therefore, 
be  deemed  symbolic  of  the  progress  that  is  made. 

The  purpose  of  this  monograph  is  the  considera- 
tion of  the  laws  of  this  State  which  have  a  funda- 


X  AUTHOR'S  PREFACE 

mental  social  bearing,  with  the  object  of  showing  the 
historical  development  of  social  legislation  in  Iowa 
and  to  afford  a  general  view  of  the  whole  field.  It  is 
hoped  that  the  presentation  of  this  survey  will  facil- 
itate the  discernment  of  the  steps  which  should  be 
taken  next.  Consequently  only  those  acts  or  parts 
of  acts  that  are  indicative  of  the  advance  of  social 
welfare  have  been  included,  while  no  attempt  what- 
ever is  made  to  trace  the  devious  route  by  which 
some  measures  gained  enactment.  The  work  is  the 
chiefly  a  statement  of  the  contents  of  laws  without 
their  legal  verbiage :  it  is  not  an  effort  to  account  for 
cause,  effect,  or  value. 

As  a  background  for  the  social  legislation  of  Iowa 
it  has  seemed  best  to  sketch  briefly  the  general  course 
of  the  development  of  social  legislation.  Because 
the  influence  of  England  more  than  that  of  any  other 
foreigTi  country  has  been  felt  in  the  United  States 
the  beginnings  of  legislation  in  the  interest  of  human 
welfare  have  been  discovered  there.  The  review  of 
social  measures  in  this  country  constitutes  the  barest 
outline  of  social  endeavor. 

In  the  discussion  of  Iowa  legislation  it  has  been 
convenient  to  use  the  various  official  codes  as  sum- 
maries of  the  legislative  work  of  each  preceding 
period.  Thus  these  codes  are  made  to  appear  as 
landmarks  along  the  course  of  forward  movements. 


AUTHOR'S  PREFACE  xi 

This  plan,  however,  is  accompanied  with  the  obvious 
disadvantage  of  the  omission  of  numerous  temporary 
changes  and  short-lived  experiments. 

Public  education  is  unquestionably  a  matter  of 
social  concern,  but  inasmuch  as  it  has  become  a  dis- 
tinct field  in  itself  no  attempt  has  been  made  to  in- 
clude the  legislation  in  regard  to  public  schools.  The 
subject  is  being  exhaustively  treated  in  another  work. 
Libraries,  being  educational  in  character,  have  also 
been  denied  consideration.  Because  such  crimes  as 
robbery  and  arson  are  offenses  against  property 
rather  than  persons,  the  penalties  for  them  are  not 
discussed. 

However  much  may  have  been  accomplished  in  the 
line  of  social  welfare  during  the  past  it  is  the  first 
years  of  the  twentieth  century  that  constitute  the 
era  of  conscious  social  endeavor.  They  represent  a 
period  so  full  of  new  views,  so  overflowing  with  ad- 
vanced ideas  that  people  are  bewildered  with  the 
efforts  of  reformers.  That  Iowa  is  no  exception  to 
the  general  trend  is  obvious  from  the  proportion  of 
social  legislation  before  and  after  the  adoption  of  the 
Code  of  1897. 

The  Superintendent  and  Editor  of  The  State  His- 
torical Society  of  Iowa,  Professor  Benj.  F.  Sham- 
baugh,  is  responsible  by  his  constant  guidance  and 
encouragement  for  much  of  the  merit  wliich  this 


xii  AUTHOR'S  PREFACE 

volume  may  possess.  To  Dr.  Fred  E.  Haynes  the 
author  is  indebted  for  many  invaluable  suggestions 
and  criticisms.  Thanks  are  also  due  to  Dr.  Dan  E. 
Clark  for  his  expert  advice  at  every  stage  of  the 
work ;  while  Miss  Helen  Otto  assisted  in  the  verifica- 
tion of  the  manuscript. 

John  E.  Briggs 

The  State  Historical  Society  of  Iowa 
Iowa  City  Iowa 


CONTENTS 

Editor's  Introduction vii 

Author's  Preface ix 

PART  I 

SOCIAL  LEGISLATION  IN  IOWA 

1838-1897 

I.     Introduction:  What  is  Socluj  Legisla- 
tion?       3 

II.     The  History  of  Social  Legi:^lation        .  9 

III.  Early  Social  Legislation  in  Iowa  .        .  27 

IV.  Social  Legislation  in  the  Code  of  1851  36 
V.     Social  Legislation  in  the  Revision  of 

1860 55 

VI.     SocLVL  Legislation  in  the  Code  of  1873  68 
VII.     Social  Legislation  in  the  Code  of  1897 

Affecting  Particul-vb  Classes  .        .  91 
VIII.     Social  Legislation  in  the  Code  of  1897 

Affecting  Society  in  General  .        .  120 

PART  II 

SOCIAL  LEGISLATION  IN  IOWA 

1898-1914 

IX.    General  Legislation  Concerning  Insti- 
tutions          147 

X.    Legislation  Concerning  Dependents     .        154 


xiv  CONTENTS 

XI.     Legislation  Concerning  Defectives        .  169 

XII.     Legislation  Concerning  Delinquents    .  200 

XIII.  Legislation  Concerning  Pensioners       .  232 

XIV.  Legislation  Affecting  Laborers    .         .  240 
XV.     Legislation      Pertaining      to      Public 

Health 284 

XVI,     Legislation  Pertaining  to  Public  Safe- 
ty    313 

XVII.     Legislation  Pertaining  to  Public  Mor- 
als          333 

XVIII.    Legislation  Governing  Domestic  Rela- 
tions       345 

Notes  and  References     ....  351 

Index 403 


PART  I 

SOCIAL  LEGISLATION  IN  IOWA 

1838-1897 


INTRODUCTION:    WHAT  IS  SOCIAL  LEGIS- 
LATION? 

Among  the  broad  social  purposes  for  which  gov- 
ernments are  instituted  is  the  preservation  of  equal- 
ity of  opportunity.  Government  can  not  create  a 
home,  nor  make  people  industrious,  nor  beget  in- 
centives to  culture,  morality,  and  justice ;  but  it  can 
preserve  public  order,  protect  the  weak  from  ex- 
ploitation, advance  the  cause  of  learning,  stimulate 
right  inclinations,  and  curb  the  anti-social  members 
of  the  community. 

The  most  potent  instrument  of  government  regu- 
lation in  modern  times  is  legislation:  hundreds  of 
laws  are  enacted  every  year  with  a  view  to  modify- 
ing such  conditions  as  are  deemed  contrary  to  the 
general  well-being  of  society.^  To  protect  the  rights 
of  the  individual  and  the  prerogatives  of  society  — 
these  are  indeed  the  purposes  of  all  legislation. 
Moreover,  legislation  may  not  only  forbid  harmful 
acts,  but  it  may  assume  a  positive  role  and  compel 
righteous  conduct.  The  maintenance  of  fire  escapes, 
the  control  of  sanitation,  and  the  care  of  the  poor 
are  everywhere  classed  as  protective  measures.  But 
when  carried  to  its  logical  conclusion  all  such  pro- 
tection becomes  paternalistic :  compelling  persons  to 

3 


4  SOCIAL  LEGISLATION  IN  IOWA 

act  in  a  positive  way  for  their  own  good,  it  seeks  to 
develop  right  inclinations."  Criminals  are  now  be- 
ing reformed  as  well  as  punished. 

Society  may  be  thought  of  as  an  organism,  the 
parts  of  which  are  so  closely  interrelated  that  the 
conduct  of  every  individual  becomes  a  matter  of 
social  concern.  And  so  all  legislation,  whether  en- 
acted primarily  for  the  individual  or  for  society, 
whether  regulative  or  paternalistic,  is  social  legisla- 
tion.^ At  the  same  time  it  is  clear  that  certain  stat- 
utes affect  the  welfare  of  society  much  more  directly 
and  vitally  than  others;  and  these  constitute  the 
body  of  the  legislation  which  would  be  designated  as 
social. 

Broadly  viewed,  the  acts  of  legislation  which  are 
social  in  character  may  be  grouped  into  two  classes. 
In  one  class  may  be  placed  those  measures  which  are 
essential  to  the  welfare  of  the  government,  and  these 
may  be  designated  socio-political  legislation.  In  an- 
other class  may  be  grouped  the  statutes  which  deal 
with  the  economic,  industrial,  and  moral  interests  of 
the  people,  and  may  be  called  socio-economic  legis- 
lation.* While  it  must  be  admitted  that  all  legisla- 
tion contains  a  social  element  and  that  all  acts  which 
are  classed  as  essentially  social  are  inextricably 
bound  up  with  political  and  economic  factors,  still  it 
is  practicable  to  stamp  as  social  legislation  those 
enactments  which  have  for  their  direct  and  primary 
object  the  betterment  of  the  living  conditions  of  in- 
dividuals, and  in  a  discussion  of  such  legislation  to 


WHAT  IS  SOCIAL  LEGISLATION  5 

either  omit  or  minimize  the  political  and  economic 
factors. 

In  the  first  place,  then,  social  legislation  in  its 
ordinary  and  restricted  sense  would  not  include  such 
purely  political  measures  as  relate  to  the  form  and 
or,2:anization  of  the  various  departments  of  govern- 
ment, metliods  of  court  procedure,  the  election  of 
public  officials,  or  provisions  for  direct  legislation. 
These  and  similar  statutes  aim  primarily  at  altera- 
tions in  the  machinery  or  methods  of  government; 
and  while  in  some  ways  they  may  exert  a  social  in- 
fluence, as  in  the  case  of  the  operation  of  the  initia- 
tive and  referendum,  such  influence  is  incidental  and 
does  not  constitute  the  ultimate  purpose  for  which 
the  legislation  was  enacted. 

Again,  social  legislation  proper  may  be  distin- 
guished from  that  which  is  primarily  economic  in 
character  —  although  here  the  line  of  demarcation 
is  less  distinct.  Mothers'  pensions,  for  example, 
would  seem  to  be  entirely  social;  and  yet  such  pen- 
sion laws  are  founded  on  the  economic  necessity  of 
relieving  the  want  occasioned  by  the  loss  of  the  hus- 
band. Labor  problems,  on  the  other  hand,  appear  to 
be  wholly  the  resultant  of  the  wealth-producing  and 
wealth-using  processes ;  but  when  the  employment  of 
women  and  children,  the  dangers  of  factory  work,  or 
the  payment  of  starvation  wages  are  considered, 
labor  legislation  at  once  assumes  a  social  aspect.  It 
would  seem  legitimate,  therefore,  in  discussing  legis- 
lation which  involves   socio-economic  problems   of 


6  SOCIAL  LEGISLATION  IN  IOWA 

this  sort  to  segregate  for  special  consideration  the 
social  elements  from  the  economic  factors.  There 
are,  however,  certain  activities  which  are  so  com- 
pletely dominated  by  the  economic  factors  as  to  war- 
rant the  ignoring  of  their  social  elements.  The  con- 
trol of  corporate  interests,  banking,  the  operation  of 
public  utilities,  and  the  regulation  of  commerce  are 
pertinent  examples. 

What  then  is  social  legislation*?  Above  all  it  con- 
sists of  those  protective  measures  the  object  and 
purpose  of  which  is  to  effect  certain  changes  in  the 
conditions  of  human  life.  It  has  been  defined  as  the 
''balancing  of  individual  demands  with  social  de- 
mands and  with  other  individual  demands,  so  as  to 
promote  the  general  order  by  the  equalization  of  op- 
portunity, and  to  provide  for  the  greatest  possible 
self-realization  consistent  with  the  common  good; 
at  once  to  satisfy  and  reconcile  the  justifiable  claims 
of  the  individual  and  of  society  as  well".  Its  pur- 
pose is  to  secure  for  each  individual  ''a  standard  of 
living,  and  such  a  share  in  the  values  of  civilization 
as  shall  make  possible  a  full  moral  life";  to  obtain 
**the  greatest  possible  self-realization  of  the  individ- 
ual consistent  with  an  opportunity  on  the  part  of 
others  to  strive  for  a  like  realization."  ^  Social  leg- 
islation aims  to  control  human  weaknesses  and  to 
develop  the  habit  of  self-reliance.''  It  deals  with  ad- 
verse conditions  the  causes  of  which  are  founded  on 
natural  phenomena  and  human  association. 

One  further  explanation  of  the  purpose  of  social 
legislation  should  be  offered.     The  Common  Law  of 


WHAT  IS  SOCIAL  LEGISLATION  7 

England,  which  is  the  basis  of  jurisprudence  -in  the 
United  States/  is  founded  upon  ancient  custom  as 
interpreted  in  court  decisions  and  its  principles  have 
in  many  cases  become  almost  axiomatic  of  justice. 
But  since  social  life  and  conditions  are  in  a  constant 
state  of  flux  certain  acts  become  offenses  which 
hitherto  have  not  been  so  considered.  Thus  it  has 
become  the  obvious  office  of  social  legislation  to  bring 
the  Common  Law  into  conformity  with  the  more  re- 
cent social  demands.  Murder  has  always  been  a 
crime,  but  cruelty  to  animals  has  been  penalized  only 
as  the  result  of  a  more  refined  moral  sense. 

Thus  defined  and  limited  the  field  of  social  legisla- 
tion may  be  divided  into  two  parts :  the  first  includes 
legislation  affecting  particular  classes ;  and  the  sec- 
ond comprises  measures  affecting  society  in  general. 

In  the  first  division  the  legislation  relates  to  three 
classes  between  which  there  is  a  very  close  and  or- 
ganic connection,  namely,  the  dependents,  the  defec- 
tives, and  the  delinquents.  Collectively,  they  might 
be  designated  as  the  stationary  or  retrogressive 
portion  of  society.  Indeed,  a  single  family  will 
often  furnish  recruits  for  all  three  classes.  Conse- 
quently there  has  been  much  overlapping  of  juris- 
diction in  their  treatment  at  the  hands  of  the  public, 
and  statutes  often  include  provisions  applying  to  all 
of  them  —  particularly  so  because  State  solicitude 
in  its  operation  is  largely  confined  to  institutions, 
thus  furnishing  additional  common  ground. 

Separate  classes  must  be  made  of  pensioners  and 
laborers  because  the  legislation  concerning  them  is 


8  SOCIAL  LEGISLATION  IN  IOWA 

based  on  considerations  very  different  from  those 
involved  in  the  case  of  dependents,  defectives,  and 
delinquents.  Pensions  are  given  for  services  ren- 
dered to  society  and  the  government,  not  because  the 
recipient  is  an  object  of  State  solicitude :  they  are 
rewards  of  merit.  Labor  legislation  aims  to  insure 
the  welfare  of  that  part  of  society  which  lives  by 
manual  labor:  it  is  the  protection  of  a  class  from 
society  rather  than  the  protection  of  society  from 
a  class,  as  is  the  case  with  dependents,  defectives, 
and  delinquents. 

Legislative  acts  affecting  society  in  general  may 
be  more  or  less  arbitrarily  grouped  under  the  follow- 
ing heads :  public  health,  public  safety,  public  mor- 
als, and  domestic  relations  —  which,  in  the  light  of 
Iowa  legislation,  seem  to  cover  the  ground  to  the 
best  advantage. 


II 

THE  HISTORY  OF  SOCIAL  LEGISLATION 

Social  legislation  is  by  no  means  confined  to  the 
present  generation :  indeed,  laws  social  in  their  char- 
acter and  effects  have  for  centuries  been  enacted  in 
a  desultory  sort  of  way.  At  the  same  time  it  is  true 
that  only  in  more  recent  years  have  the  needs  of 
social  regulation  come  to  be  fully  recognized  and  the 
enactment  of  social  legislation  consciously  pursued. 
To-day  legislators  are  influenced  by  the  social  as 
well  as  by  the  individual  point  of  view.  As  a  result 
a  vast  amount  of  social  legislation  is  now  being 
placed  upon  the  statute  books. ^  Wherever  religious 
freedom  has  been  won  and  a  measure  of  civil  and 
political  liberty  attained,  there  has  followed  a  move- 
ment for  social  justice.  To  trace  the  development 
of  this  movement  is  to  outline  the  history  of  social 
legislation. 

At  the  opening  of  the  nineteenth  century  individ- 
ualism, both  as  a  philosophy  of  life  and  as  a  theory 
of  legislation,  was  at  its  height.  Every  man  was 
presumed  to  be  the  best  judge  of  his  own  interests ; 
and  it  was  thought  that  where  each  one  acted  for  his 
own  good,  the  greatest  good  to  all  would  result. 
Thus,  the  interests  of  society  were  thought  to  be 
nothing  more  than  the  aggregate  of  individual  in- 

9 


10  SOCIAL  LEGISLATION  IN  IOWA 

terests.  In  the  economic  system  —  which  was  then 
based  upon  agriculture,  handicraft  industries,  and 
small  business  undertakings  —  competition  was  re- 
lied upon  as  the  influence  which  would  restrain  per- 
sonal aggrandizement  and  keep  prices  down.''  The 
''let  alone"  policy,  which  claims  that  conscious  ef- 
fort to  improve  social  conditions  is  ineffectual,  held 
sway.  Industry  and  charity  were  to  be  allowed  to 
take  their  own  course :  interference  with  the  efforts 
of  individuals  was  regarded  as  unwise  if  not  morally 
wrong." 

The  same  idea  was  reflected  in  the  political  phi- 
losophy of  the  time.  It  was  believed  that  all  men 
were  born  equal,  with  certain  inalienable  rights ;  that 
government  derived  its  power  from  the  consent  of 
the  governed ;  and  that  the  chief  end  of  government 
was  the  welfare  of  the  people,  which  consisted  of 
the  protection  of  person  and  property.  Aside  from 
this  protection  the  government  was  to  interfere  as 
little  as  possible  with  the  "natural  rights"  of  in- 
dividuals. In  fact  so  much  faith  was  placed  in  pop- 
ular sovereignty  and  so  greatly  were  the  powers  of 
government  curtailed  in  order  to  prevent  a  possible 
lapse  into  hereditary  aristocracy  and  monarchy  that 
no  distinction  was  made  between  the  limitation  of 
government  for  this  specific  purpose  and  limitation 
for  all  purposes.  Political  theory  was  mostly  neg- 
ative ;  and  while  verj"  definite  ideas  of  what  govern- 
ment should  not  do  prevailed,  the  positive  sphere  of 
activity  was  less  clearly  described.  Indeed,  govern- 
ment was  regarded  as  a  necessary  evil,  and  many 


HISTORY  OF  SOCIAL  LEGISLATION  11 

subscribed  to  the  doctrine  of  ''the  less  government 
the  better  for  the  people".  Thus,  under  the  dom- 
inating spirit  of  individualism,  non-interference  be- 
came the  watchword  of  governmental  policy  and 
laissez  fairs  the  attitude  toward  industrial  pur- 
suits." 

Along  with  the  notion  that  the  field  of  government 
activity  should  be  limited  as  much  as  possible  went 
the  conception  that  in  centralization  of  power  there 
was  danger.  Consequently  the  importance  of  local 
self-government  was  exalted.  In  America  especial- 
ly were  the  people  jealous  of  their  local  independ- 
ence —  so  much  so  that  when  a  national  government 
came  to  be  organized  it  was  permitted  to  exercise 
only  such  powers  as  were  specifically  granted  to  it 
by  the  written  constitution,  and  the  exercise  of  pow- 
ers was  circumscribed  by  many  checks  and  balances. 
The  executive  department  in  particular  had  fallen 
into  disrepute;  while  legislatures  composed  of  the 
representatives  of  the  people  and  of  local  districts 
were  accorded  a  dominating  position.  Thus,  social 
legislation  has  been  confronted  not  only  with  the 
problem  of  overcoming  a  sentiment  in  favor  of 
laissez  faire  and  non-interference  but  also  with  the 
necessity  of  demonstrating  the  value  of  central  au- 
thority in  administration. ^- 

The  nineteenth  century  emerged  upon  the  eve  of 
the  great  Industrial  Revolution.  For  centuries  the 
common  people  in  England  had  been  engaged  in 
agricultural  and  handicraft  industries,  with  varying 
degrees  of  prosperity.    The  solicitude  of  the  govern- 


12  SOCIAL  LEGISLATION  IN  IOWA 

ment  had  always  been  for  the  upper  and  property- 
owning  classes.  In  1348  the  Black  Death  caused  a 
shortage  of  labor,  and  the  consequent  rise  in  wages 
brought  about  the  passage  of  the  Statutes  of  Labour- 
ers which  forbade  any  workman  to  demand  or  an 
employer  to  pay  more  than  the  customary  rates  — 
the  ancient  and  original  precursor  of  minimum 
wages.  Then  came  a  period  of  foreign  wars  and 
high  taxes,  which  resulted  in  the  Peasants'  Revolt 
of  1381.  This  was  followed  by  the  most  prosperous 
times  the  English  laborer  has  ever  known. 

In  the  sixteenth  century  fundamental  economic 
changes  such  as  the  practice  of  establishing  enclo- 
sures, the  breaking  down  of  the  feudal  custom  of 
maintaining  retainers,  and  the  extensive  pursuit  of 
the  sheep-raising  industry  operated  to  throw  many 
people  out  of  their  ordinary  mode  of  gaining  a  liveli- 
hood. Wages,  which  were  at  that  time  fixed  by 
justices,  became  so  meager  that  it  was  necessary  in 
1601  to  place  the  first  poor  law  upon  the  statute 
books.  All  property  was  to  be  assessed  for  the  re- 
lief of  pauperism;  in  truth,  part  of  the  wages  of  the 
laborer  were  to  be  paid  by  the  public  in  order  to  save 
expense  to  the  individual  employers.  The  system 
was  made  permanent  in  1641,  and  its  general  prin- 
ciples lasted  until  1834.  But  with  the  latter  half 
of  the  eighteenth  century  the  old  order  passed  away 
and  a  new  era  was  "ushered  in  by  the  whirr  and 
rattle  of  machinery  and  the  mighty  hiss  of  steam."  ^^ 

The  epoch  of  great  industrial  inventions  changed 
manufacturing  from  the  domestic  to  the  factory  sys- 


HISTORY  OP  SOCIAL  LEGISLATION  13 

tern,  and  a  new  class  in  society,  the  workini;;  people, 
was  created.  Indeed,  it  was  the  occasion  for  a  new 
burst  of  activity  in  many  fields  of  endeavor.  Busi- 
ness flourished,  commerce  expanded,  and  prosperity 
bespoke  pro.^'ress.  Economists,  however,  chino;  to 
the  old  doctrine  of  laissez  faire,  and  the  government 
was  still  loath  to  interfere.  Administration  re- 
mained decentralized  and  almost  entirely  local.^* 

Such  a  state  of  affairs  led  to  grave  abuses.  Im- 
bued with  the  commercial  spirit  of  the  times  and  left 
wholly  without  restraint,  manufacturers  collected 
persons  of  all  ages  and  both  sexes  into  large  build- 
ings under  no  moral  control  and  without  regard  to 
health,  comfort,  or  decency.  Children  barely  six 
years  of  age  were  worked  from  twelve  to  sixteen 
hours  a  day.  The  introduction  of  labor-saving  ma- 
chinery had  caused  a  tremendous  dislocation  of  in- 
dustry, and  with  the  great  increase  of  population 
and  the  employment  of  children  multitudes  of  able- 
bodied  men  were  pauperized.  "Wages  fell  below  the 
starvation  point,  and  the  price  of  food  soared  to 
fabulous  heights  —  thanks  to  the  "corn  laws".^^ 
The  poor  laws  then  in  effect  provided  that  the  low 
wages  should  be  supplemented  by  allowances  to 
every  poor  family  according  to  its  numbers.  As  a 
result  members  of  the  laboring  class  lost  in  self- 
reliance,  in  hope,  and  in  incentives  to  improving 
their  position  in  life.  Illegitimate  children  became 
a  prize. ^° 

These  deplorable  conditions  finally  brought  about 
a  national  awakening,  in  which  the  first  signs  of  a 


14  SOCIAL  LEGISLATION  IN  IOWA 

social  consciousness  began  to  appear.  In  1802  Par- 
liament passed  an  act  "for  the  preservation  of  the 
health  and  morals  of  apprentices  and  others  em- 
ployed in  cotton  and  other  mills. ' '  Slave  trade  was 
prohibited  in  1806;  women  have  not  been  punished 
by  whipping  since  1820 ;  the  first  steps  in  the  protec- 
tion of  animals  from  cruel  treatment  were  taken  in 
1822;  and  in  1826  and  1827  government  lotteries 
came  to  an  end.  Individualism  became  tempered 
with  humanitarian  motives.  Under  the  advocacy  of 
Jeremy  Bentham  the  movement  for  scientific  law- 
making was  started ;  while  in  the  field  of  economics 
Adam  Smith  and  his  disciples  were  exerting  a  potent 
influence.  Both  were  thorough  individualists,  but 
they  also  believed  that  the  ultimate  purpose  of  gov- 
ernment was  to  secure  "the  greatest  happiness  of 
the  greatest  number".  It  was  a  period  of  moral 
and  intellectual  activity. ^^ 

In  1819  and  1831  laws  were  passed  restricting  the 
hours  of  labor  and  the  age  of  the  employees  in  cot- 
ton mills.  Again  in  1833  similar  restrictions  were 
extended  to  woolen  and  other  factories.  Finally,  in 
1847  the  famous  Ten  Hours  Bill  secured  enactment 
and  in  1850  a  uniform  working  day  was  established. 
These  so-called  Factory  Acts  show  a  steady  advance 
of  the  principle  of  state  interference,  despite  the 
bitter  opposition  of  the  manufacturers  and  the  lais- 
sez  faire  economists. ^^  The  results  of  the  purely 
capitalist  and  competitive  industrial  system  led  in- 
evitably to  the  regulation  of  competition  and  the  or- 
ganization of  the  workingTQen.^^    From  such  begin- 


HISTORY  OF  SOCIAL  LEGISLATION  15 

nings  have  developed  the  present-day  workmen's 
compensation,  industrial  arbitration,  and  trade 
unions  acts.  Municipal  ownership  of  public  util- 
ities, beginning  in  1835  with  the  establishment  of 
public  markets,  has  now  been  extended  to  include 
street  railways,  lighting  and  heating  plants,  tele- 
phones, and  even  municipal  housing.^" 

Directly  upon  the  return  of  hope  and  self-reliance 
among  the  laboring  class  followed  the  reform  of  the 
poor  laws  in  1834,  and  the  constructive  work  among 
dependent  and  defective  classes  was  begun.  Na- 
tional responsibility  was  recognized  and  lunatics 
were  cared  for,  infirmaries  were  built,  and  facilities 
for  the  education  of  children  provided  by  the  central 
authority.  An  outbreak  of  cholera  in  1831  forced 
the  question  of  public  health  before  the  people  for 
solution.  Systematic  sanitation  began  in  1846  with 
the  Nuisance  Removals  Act,  and  by  1855  a  person 
was  forbidden  to  have  a  nuisance  even  in  his  own 
house  —  such  was  the  extent  to  which  government 
interference  with  individual  rights  had  proceeded. 
At  present  the  housing  problem  is  being  met  by  the 
allotment  system  under  which  local  authorities  may 
obtain  land,  by  compulsory  purchase  if  necessary, 
and  sell  or  rent  it  to  laborers  who  ^vould  otherwise 
be  unable  to  purchase  or  obtain  a  lease  of  lands  at 
the  market  rate.  In  fact  since  1830  there  has  been 
in  England  a  constant  stream  of  legislation  for  social 
betterment  —  partly  enabling  people  to  live  accord- 
ing to  higher  standards,  partly  insisting  that  they 
shall  do  so.-^ 


16  SOCIAL  LEGISLATION  IN  IOWA 

Government  in  America  was  conceived  in  the 
spirit  of  personal  liberty,  and  the  protection  of  in- 
dividual rights  was  emphasized  in  law  and  adminis- 
tration. The  United  States  began  its  career  as  a 
nation  before  the  advent  of  steam  and  machinerj^ 
when  the  domestic  system  of  industry  was  justified 
by  political  philosophy.  Individuals  were  to  be  al- 
lowed to  buy  and  sell  labor  and  commodities  under 
whatever  terms  and  conditions  they  could  secure. 
As  time  went  on  and  industry  expanded  there  was 
further  demand  of  freedom  from  governmental  re- 
straints. Individual  enterprise  was  acknowledged  to 
be  the  basis  of  industrial  prosperity.  Capital  and 
the  ** infant  industries"  were  sheltered  by  protective 
tariffs  and  given  every  opportunity  to  develop.-^ 

In  social  matters  government  was  guided  by  the 
spirit  of  the  domestic  system  in  industry.  The  sev- 
eral States  —  to  which,  rather  than  to  the  Federal 
government,  is  confided  the  control  of  such  affairs  — 
left  the  regulation  of  social  matters  to  the  local  com- 
munities. The  care  of  the  dependent  and  defective 
classes,  conservation  of  the  public  health,  education, 
delinquency,  labor,  public  safety,  and  even  the  stand- 
ard of  morals  depended  upon  local  initiative.  More- 
over, the  only  public  charity  was  the  relief  of  the 
poor  by  the  towns  and  the  only  correctional  institu- 
tions were  the  local  jails. -^ 

The  beginning  of  State  control  in  local  and  private 
affairs  appears  to  have  been  in  the  field  of  education, 
and  in  no  other  phase  of  social  welfare  has  it  devel- 
oped so  far.     Supervision  is  now  exercised  through 


HISTORY  OF  SOCIAL  LEGISLATION  17 

State  administrative  officials,  by  the  distribution  of 
State  funds  to  local  districts,  by  the  examination  and 
training  of  teachers,  by  compulsory  attendance,  and 
even  by  prescribing  courses  of  study  and  uniform 
text-books.  The  western  States  have  gone  to  the 
extent  of  establishing  State  universities,  which  con- 
stitute not  only  the  "crowning  institution  of  a  great 
democratic  educational  system"  but  stand  in  the 
position  of  public  service  institutions  as  well.-* 

The  development  of  State  care  of  the  dependent, 
the  defective,  and  the  delinquent  classes  has  been 
along  two  lines  of  effort:  State  institutions  have 
been  established,  and  administrative  supervision  of 
local  officials  and  private  institutions  dealing  with 
these  classes  has  been  provided.  State  prisons  were 
the  first  of  the  special  institutions  to  be  established, 
and  in  this  reform  Massachusetts  led  the  way  in 
1785.  New  York  followed  in  1796.  The  idea  pre- 
vailed in  Ohio  in  1816;  and  in  Michigan  the  first 
State  prison  was  built  at  Jackson  in  1839.  Only  in 
Delaware  and  Georgia  are  there  at  this  date  no  State 
prisons." 

On  the  whole  the  early  years  of  the  nineteenth  cen- 
tury saw  little  progress  in  the  way  of  social  legisla- 
tion in  the  United  States.  The  functions  of  govern- 
ment were  still  summed  up  in  the  protection  of  in- 
dividual rights  —  a  condition  which  was  in  harmony 
with  the  individualistic  philosophy  of  the  day.  The 
reins  of  government  were  in  the  hands  of  a  proper- 
tied aristocracy  who  made  laws  in  the  interest  of  the 
individual  as  such  rather  than  for  the  welfare  of 


18  SOCIAL  LEGISLATION  IN  IOWA 

the  community  as  a  whole.  Legislatures  had  not 
yet  assumed  a  positive  attitude  of  attempting  to  ad- 
vance the  general  welfare  by  measures  expressly 
directed  to  that  end. 

In  the  meantime,  however,  great  changes  were  tak- 
ing place  in  the  economic  life  of  the  people.  A  new 
democracy  had  evolved.  The  frontier  conditions  of 
the  West  and  South  had  produced  an  equality  in 
wealth,  social  standing,  and  opportunity,  altogether 
novel  in  the  histor}^  of  the  world.  Class  exclusive- 
ness  became  an  object  of  suspicion,  while  confidence 
in  the  people  met  with  approval.  At  the  same  time 
there  was  a  great  increase  in  the  urban  population ; 
and  a  new  class,  the  working  people,  dependent  upon 
the  sale  of  their  labor  power  —  a  toolless,  property- 
less,  homeless  class  —  was  created  by  the  new  sys- 
tem of  industry  founded  upon  the  magic  of  steam. 
The  interests  of  this  class  were  at  variance  with 
those  of  the  freeholders'  aristocracy,  and  so  they 
demanded  the  right  to  share  in  the  active  exercise  of 
political  power.-" 

Politically  one  of  the  most  important  results  of 
the  new  democracy  was  the  abrogation  of  the  system 
of  property  qualifications  for  the  suffrage  and  the 
extension  of  the  electorate  to  the  whole  body  of  adult 
male  citizens.-"  Moreover,  a  great  wave  of  liberal 
and  humanitarian  sentiment  swept  over  the  country 
from  1830  to  1860,  and  in  that  period  are  to  be  found 
the  roots  of  most  of  the  subsequent  social  legislation. 
Although  the  problem  of  slavery  commanded  the  at- 
tention of  statesmen  and  overshadowed  all  other 


HISTORY  OF  SOCIAL  LEGISLATION  If) 

movements  for  social  and  political  betterment,  there 
wore,  nevortlieloss,  many  sio^nifieant  manifostations 
of  a  general  altruistic  movement. 

Reforms  of  every  description  were  propagated 
with  considerable  enthusiasm.  New  religious  sects 
with  strange  doctrines,  such  as  the  Mormons,  made 
many  converts;  while  the  Millerites  confidently 
awaited  the  advent  of  the  millennium.  Socialistic 
ideas  flourished,  and  communistic  associations  called 
Phalanxes  were  organized  in  all  parts  of  the  coun- 
try. Brook  Farm,  the  most  noted  of  all  communi- 
ties, was  established  in  1841,  became  a  Phalanx  in 
1844,  and  broke  up  three  years  later.  The  agitation 
in  favor  of  equal  property  rights  for  women  was  be- 
gun. In  many  States  the  legislatures  were  forbid- 
<len  to  grant  divorces  or  to  enact  special  legislation 
of  any  sort.  Another  band  of  reformers  hotly  at- 
tacked the  lottery,  with  the  result  that  the  institu- 
tion was  abolished  in  nearly  all  of  the  States:  the 
final  blow  was  dealt  when  lottery  tickets  were  ex- 
cluded from  the  United  States  mails  in  1890.  It 
was  during  the  fifties  that  the  temperance  forces 
achieved  their  most  notable  victories.  Maine  "went 
dry"  in  1851,  and  by  1855  thirteen  other  States  had 
declared  for  prohibition.  The  moral  conscience  be- 
came so  aroused  that  capital  punishment  was  re- 
garded as  a  grievous  wrong,  tlie  question  being  ar- 
gued from  its  social  as  well  as  from  its  spiritual 
aspects.-** 

The  agitation  against  cruel  and  inhuman  punish- 
ment   brouglit    the    facts    concerning   prisons    and 


20  SOCIAL  LEGISLATION  IN  IOWA 

prison  life  to  the  attention  of  the  people.  Not  only 
were  the  prisons  filthy  and  unsanitary,  but  all  sorts 
of  miscreants  were  huddled  together  regardless  of 
age  or  sex.  Massachusetts  in  1846  M^as  the  first 
State  to  provide  a  reform  school  for  juvenile  offend- 
ers, removing  them  from  the  local  jails  and  prisons. 
Other  States  followed  this  example  until  now  the 
majority  have  established  similar  institutions,  usual- 
ly with  separate  departments  for  boys  and  girls. 
Gradually  as  the  idea  of  reform  has  supplanted  that 
of  punishment  in  the  treatment  of  criminals,  peni- 
tentiaries have  been  converted  into  reformatories, 
commitments  have  been  made  under  indeterminate 
sentences,  and  a  system  of  progressive  classification 
and  conditional  release  has  been  inaugurated.  New 
York  was  the  first  State  to  establish  a  reformatory 
for  adult  offenders,  in  1877.'^ 

The  investigation  of  prison  conditions  revealed 
the  fact  that  thousands  of  idiots,  epileptics,  and  in- 
sane persons  were  confined  in  the  jails  —  men  and 
women  destitute  of  proper  care  and  protection, 
whose  only  offense  was  a  mind  bereft  of  reason. 
Largely  through  the  untiring  work  of  Dorothea  Dix 
these  conditions  were  brought  to  light,  when,  begin- 
ning with  New  York  in  1843,  State  after  State  estab- 
lished insane  asylums.  The  first  of  the  State  insti- 
tutions for  the  care  of  defective  classes,  they  still 
constitute  the  most  important  charitable  institutions 
of  the  State.  At  first  the  asylums  were  intended  for 
only  acute  and  violent  cases ;  but  later  when  the  idea 
of  the  medical  treatment  of  the  curable  was  devel- 


HISTORY  OP  SOCIAL  LEGISLATION  21 

oped,  the  activities  of  these  institutions  was  vastly 
enlarged.  Chronic  cases,  however,  are  still  left 
larii^ely  to  the  care  of  local  authorities,  although  in 
at  least  two  States,  New  York  and  Minnesota,  local 
insane  hospitals  have  been  abandoned  or  taken  over 
by  the  State.  The  blind,  the  deaf  and  dumb,  the 
feeble-minded,  the  epileptic,  the  inebriate,  and  crip- 
ples have  also  come  to  be  cared  for  in  special  State 
institutions.  In  poor  relief  there  has  been  but  little 
direct  State  aid,  except  in  a  few  States  like  Massa- 
chusetts where  strict  settlement  laws  have  created  a 
class  of  State  poor.  Two-thirds  of  the  States  main- 
tain homes  for  soldiers  and  sailors,  and  a  few  have 
institutions  which  care  for  the  orphans  and  the 
widows  of  soldiers  and  sailors.^" 

The  cholera  epidemic  of  1848  and  1849  marked  the 
awakening  of  public  interest  in  the  problem  of  san- 
itation and  its  relation  to  the  general  welfare.  The 
result  was  the  appointment  of  State  and  local  boards 
of  health,  whose  functions  at  first  were  purely  ad- 
visory and  in  the  nature  of  a  study  of  the  causes  of 
disease.  As  scientific  knowledge  in  regard  to  hy- 
giene and  sanitation  has  developed,  legislation  has 
tried  to  keep  pace :  of  this  the  betterment  of  factory 
conditions,  pure  food  laws,  and  the  regulation  of 
tenement  house  construction  and  sewage  disposal 
are  evidences  of  substantial  progress.  At  present 
every  State,  except  Idaho,  has  a  central  board  of 
health  with  regulative  power.  In  some  cases  States 
have  taken  charge  of  vaccination  and  quarantine. 
Again,  hospitals  and  sanatoria  have  been  built  and 


22  SOCIAL  LEGISLATION  IN  IOWA 

maintained  at  State  expense.  The  practice  has  re- 
cently grown  up  of  requiring  pharmacists,  physi- 
cians, undertakers,  barbers,  plumbers,  nurses,  and 
others  whose  business  is  supposed  to  affect  public 
health,  to  obtain  a  license  before  practicing  their 
professions.  The  collection  and  registration  of 
vital  statistics  is  still  largely  a  function  of  local 
agencies :  in  only  a  few  States  is  there  an  adequate 
system  of  central  control  —  which  control  is  neces- 
sary to  the  accomplishment  of  satisfactory  results. ^^ 
During  the  last  half  of  the  nineteenth  century 
there  has  been  a  general  departure  from  the  early 
regime  of  local  independence  based  on  individualism. 
The  United  States,  as  well  as  Germany  and  Italy, 
has  been  influenced  by  nationalism.  With  the  cen- 
tralization of  power  has  come  more  and  more  gov- 
ernmental interference  in  social  affairs.  Grovern- 
ments  are  still  administered  on  the  individualistic 
basis,  in  the  sense  that  the  protection  of  the  rights 
and  privileges  of  each  citizen  is  considered  a  funda- 
mental duty ;  but  the  exigencies  of  modern  industrial 
conditions  and  urban  life  have  demanded  that  in 
many  cases  individual  rights  be  subordinated  to  the 
interests  of  the  community.  Government  no  longer 
justifies  its  acts  on  a  theory  of  the  "protection  of 
natural  rights",  but  rather  on  the  grounds  of  pro- 
moting the  "general  welfare".  Where  bills  of 
rights  were  deemed  so  indispensable  in  early  con- 
stitutions, the  organic  laws  of  the  present  contain 
elaborate  clauses  in  regard  to  education,  health, 
labor,   wages,    and   corporate   control.     There    has 


HISTORY  OP  SOCIAL  LEGISLATIOX  23 

been  ail  extension  of  public  property.  Forest  re- 
serves and  playgrounds  have  been  establislied;  pri- 
vate property  has  become  a  social  trust;  i»"ood  will 
in  business  is  bought  and  sold  as  property;  new 
rights  such  as  the  protection  from  injury  are  akin 
to  private  property;  and  the  restriction  of  the 
sources  of  unearned  increment  show  the  increasing 
value  wdiich  is  being  placed  on  service.  And  so,  the 
development  of  a  social  conscience  has  modified 
many  conceptions  of  proper  conduct  in  the  same  way 
that  it  has  altered  the  idea  of  property. ^- 

It  is  evident  that  the  problems  arising  from  in- 
dustry are  contributing  most  to  tlie  development  of 
tlie  social  conscience.  Ethical  obligation  among  the 
classes  of  society  has  always  existed,  but  it  seems  to 
have  required  the  recent  complexity  of  society  and 
the  interdependence  of  classes  to  bring  out  the  rela- 
tion of  the  individual  to  the  general  public.  De- 
pendence of  man  upon  man  is  not  burdensome  so 
long  as  it  is  mutual.  And  so,  the  wasteful  system 
of  competition  is  giving  way  to  cooperation  and  con- 
servation: laissez  faire  and  non-interference  are 
superseded  by  government  regulation.  With  the 
recognition  of  the  fact  that  society  is  an  organism, 
Americans  are  beginning  to  exercise  social  fore- 
thought and  to  check  the  pillage  of  posterity.  The 
national  ])oUcy  of  conservation  of  natural  resources 
has  broadened  the  idea  of  the  scope  of  government : 
the  next  step  is  the  conservation  of  human  energj^^^ 

Although  the  United  States  may  be  said  to  have 
blazed  the  trail  of  political  liberty  in  the  eighteenth 


24  SOCIAL  LEGISLATION  IN  IOWA 

and  nineteenth  centuries,  this  country  now  lags  far 
behind  her  industrial  competitors  in  social  welfare 
legislation.  Germany  has  long  recognized  the  gov- 
ernment as  an  agent  for  the  furtherance  of  social 
well-being;  and  even  England,  the  home  of  the  "let 
alone"  policy  has  abandoned  laissez  faire  in  theory 
and  in  practice.  Several  cogent  reasons  have  been 
assigned  for  the  backwardness  of  the  United  States. 
On  account  of  the  abundance  of  cheap  land  Amer- 
icans have  persisted  in  the  individualistic  notion 
that  a  man  in  this  country  always  has  a  chance  to 
rise  out  of  the  working  class  —  unmindful  of  the  fact 
that  a  working  class  must  always  remain  with  its 
own  standards  of  living,  intelligence,  and  vitality. 
While  the  United  States  has  become  an  industrial 
nation,  the  notion  founded  upon  the  older  agricul- 
tural life  —  that  a  man  had  a  right  to  work  as  long 
as  he  pleased  and  under  any  conditions  he  would  ac- 
cept —  continues  to  influence  legislation.  The  di- 
versity of  State  legislation  and  the  reluctance  of 
States  to  jeopardize  business  by  too  strict  rules  of 
social  conduct  has  hampered  progressive  measures. 
As  yet  the  labor  class  has  not  seen  fit  to  elect  its  own 
representatives  to  the  legislatures  in  any  consider- 
able numbers,  so  that  what  laws  have  been  passed 
are  largely  concessions  of  the  politicians  for  the 
labor  vote. 

Much  opposition  to  social  legislation  has  come 
from  persons  of  certain  political  beliefs :  the  '  *  stand- 
patters" have  invoked  the  laissez  faire  policy;  the 
socialists  fear  the  establishment  of  a  reformed  eco- 


HISTORY  OP  SOCIAL  LEGISLATION  25 

nomic  feudalism  in  the  shape  of  paternalistic  gov- 
ernment; and  there  are  those,  best  represented  by 
the  Industrial  Workers  of  the  World,  who  place 
their  faith  not  in  government  but  in  "direct  action" 
for  the  solution  of  modern  social  problems.  Organ- 
ized political  corruption  has  often  stood  in  the  way 
of  schemes  for  social  reform.  Equally  retarding 
in  its  influence  has  been  the  strict  interpretation  of 
constitutions :  time  and  again  the  plans  of  social 
legislation  have  been  wrecked  upon  the  constitution, 
despite  the  fact  that  constitutions  are  themselves 
formulated  upon  the  basis  of  the  ethical  code  and 
conditions  obtaining  at  the  time  of  their  promulga- 
tion.^* 

But  the  day  of  indifference  to  social  betterment  is 
passing  in  the  United  States.  In  industry  the  coun- 
try has  gone  through  the  period  of  competition,  has 
practically  completed  the  process  of  concentration, 
and  is  even  now  entering  upon  the  stage  of  integra- 
tion. The  great  concentration  of  wealth  and  the 
complexity  of  industrial  conditions  would  seem  to 
indicate  that  the  economic  basis  on  which  democracy 
rests  is  being  destroyed.  And  yet,  what  appears  to 
be  the  climax  of  individual  control  is  likely  to  pass 
over  into  governmental  regulation  or  control  and  re- 
sult in  a  greater  extension  of  democratic  activity. 

To  be  sure,  America  has  not  reached  the  paternal- 
istic extreme  of  doing  for  the  individual  that  which 
he  can  as  well  do  for  himself,  but  the  "general  wel- 
fare" idea  is  in  the  ascendency.  Legislation  is  a 
question  of  expediency  rather  than  of  principle,  each 


26  SOCIAL  LEGISLATION  IN  IOWA 

act  being  decided  upon  its  own  merits.  The  only 
limitations  upon  governmental  action  should  be 
those  dictated  by  experience  or  the  needs  of  the 
times.  ''We  do  not  regard  it  [the  state]  as  a  mere- 
ly negative  factor,  the  influence  of  which  is  most 
happy  when  it  is  smallest,  but  we  recognize  that 
some  of  the  most  necessary  functions  of  a  civilized 
society  can  be  performed  only  by  the  state,  and  some 
others  most  efficiently  by  the  state ;  that  the  state,  in 
a  word,  is  a  permanent  category  of  economic  life, 
and  not  merely  a  temporary  crutch  which  can  be  cast 
away  when  society  becomes  more  perfect. ' '  ^^ 

Social  legislation  has  come  to  make  the  law  con- 
form to  social  desires.  In  the  United  States  there 
has  been  no  guiding  fundamental  theory.  Here 
legislation  has  been  empirical,  consummated  by  the 
desire  to  meet  practical  conditions.  Halting  and 
feeble  as  its  progress  may  be  —  embarrassed  in 
many  instances  by  enactments  unwisely  conceived  — 
legislation  is  accomplishing  a  measure  of  social  jus- 
tice. But  social  justice  will  never  be  completely  and 
finally  achieved,  since  legislation  enacted  by  and 
more  or  less  satisfactory  to  one  generation  can  never 
fully  satisfy  the  demands  of  succeeding  genera- 
tions.^*' 


Ill 

EARLY  SOCIAL  LEGISLATION  IN  IOWA 

At  the  first  session  of  the  Legislative  Assembly  of 
the  Territory  of  Iowa  in  1838-1839  there  was  enact- 
ed some  social  legislation  —  fragmentary  and  unor- 
ganized, to  be  sure,  but  none  the  less  important  from 
the  historical  standpoint.  In  this  new  and  eminent- 
ly democratic  country,  where  agriculture  constituted 
the  means  of  livelihood  for  the  vast  majority  of  the 
people,  there  was  obviously  little  need  for  the  sort  of 
social  legislation  which  characterizes  the  later  years 
of  industrial  and  social  complexity.  On  the  frontier 
paupers  were  almost  unknown;  it  was  no  place  for 
defective  classes.  There  w^ere  no  labor  disputes  to 
arbitrate  nor  industrial  accidents  demanding  com- 
pensation; sanitation  took  care  of  itself;  and  hous- 
ing was  entirely  a  matter  of  personal  ambition.  Na- 
tional issues  filled  a  far  more  important  place  in 
politics  than  was  accorded  to  local  affairs.  Conse- 
quently the  statutes  to  be  found  in  the  Old  Blue 
Booh  —  the  laws  passed  at  the  first  session  of  the 
legislature  in  1838-1839  —  contain  little  social  legis- 
lation. 

What  might  be  termed  social  legislation  in  the  Old 
Blue  Book  was  confined  largely  to  domestic  affairs 
and  to  such  matters  as  were  peculiar  to  the  circum- 

27 


28  SOCIAL  LEGISLATION  IN  IOWA 

stances  of  the  Territory.  Many  apparent  omis- 
sions, such  as  the  regulation  of  marriage,  may  be  ac- 
counted for  from  the  fact  that  much  of  the  law  un- 
der which  the  Iowa  country  was  governed  when  at- 
tached to  Michigan  Territory  and  as  a  part  of  "Wis- 
consin Territory  remained  in  force  without  reenact- 
ment  by  the  Territoiy  of  lowa.^^  Moreover,  it 
should  be  observed  at  the  outset  that  Iowa  has  to  a 
considerable  extent  always  followed  the  policy  of 
codifying  the  Common  Law,  and  all  acts  which  con- 
stitute offenses  or  crimes  have  been  specifically 
designated  in  the  statutes. 

SOCIAL  LEGISLATION  IN  THE  OLD  BLUE  BOOK 

The  first  great  class  of  people  with  which  the  gov- 
ernment is  concerned  in  a  charitable  way  are  the  de- 
pendents. This  portion  of  society  is  composed  of 
those  persons  who  "from  any  cause,  exist  by  means 
supplied  by  the  voluntary  acts  of  the  community,  by 
gifts  from  public  funds  or  private  sources."  ^*  Here 
belong  helpless  infants  outside  of  self-supporting 
families,  infirm  old  people  who  are  without  means  of 
subsistence,  and  paupers  of  all  grades  and  kinds. 
In  the  first  collection  of  Iowa  laws  —  the  Old  Blue 
Booh  —  there  were  no  provisions  for  dependent 
classes  of  any  kind.  The  Wisconsin  system  of  poor 
relief  remained  in  force. 

Defective  classes  are  usually  dependent  as  well, 
causing  thereby  the  care  of  them  to  be  closely  associ- 
ated with  that  of  dependents.  Of  defectives  the  only 
class  to  receive  mention  was  the  insane.     Insanity 


EARLY  SOCIAL  LEGISLATION  IX  IOWA      29 

was  determined  by  a  jury  of  twelve  —  the  term  'in- 
sane person"  being  applied  alike  to  ''every  idiot, 
non-compos,  lunatic  and  distracted  person".  The 
legal  status  of  the  insane  was  then  and  has  contin- 
ued to  be  practically  the  same  as  that  of  minors/* 
If  possessed  of  no  property  such  persons  were  to  be 
cared  for  by  the  overseers  of  the  poor  and  receive 
the  same  benefits  as  in  the  relief  of  paupers/" 

Closely  allied  to  dependents  are  those  persons 
'Svho  derive  their  support,  at  least  in  part,  by  im- 
posing an  involuntary  burden  or  sacrifice  upon  the 
community,  and  whose  hurtful  acts  are  forbidden  by 
law. ' '  ^^  This  class  sociologists  have  fittingly  termed 
delinquents.  The  first  laws  of  Iowa  divided  public 
offenses  into  two  classes :  felonies,  for  which  a  per- 
son was  liable  to  be  ''punished  with  death,  or  with 
imprisonment  at  hard  labor,  or  in  the  penitentiary" ; 
and  misdemeanors,  punishable  by  imprisonment  or 
fine.  The  facilities  for  the  confinement  of  criminals, 
however,  were  inadequate  during  the  early  years,  so 
that  the  laws  of  the  Territory  provided  extensively 
for  punishment  by  fines.  The  death  penalty  was 
prescribed  in  the  case  of  murder  and  such  a  sentence 
was  to  be  executed  by  hanging.  The  pardoning 
power  was  vested  exclusively  in  the  Governor.*- 

On  account  of  the  dual  classification  of  crime,  two 
systems  of  punitive  institutions  have  developed :  the 
jails  and  the  penitentiaries  —  the  former  under  local 
authority,  the  latter  under  State  control.  The  jails 
are  for  temporary  and  incidental  use  only,  and  they 
are  deterrent  in  character;  while  the  penitentiaries 


30  SOCIAL  LEGISLATION  IN  IOWA 

are  used  in  the  case  of  the  gravest  offenses  and 
therefore  present  a  more  serious  aspect  of  social 
regulation.  The  prisoners  are  retained  for  longer 
periods,  and  their  treatment  becomes  an  important 
social  problem.  Consequently,  State  legislation  in 
regard  to  criminals  has  been  largely  concerned  with 
these  institutions. 

It  was  at  this  time  that  the  penitentiary  at  Fort 
Madison  (Iowa's  first  State  institution  of  a  char- 
itable or  correctional  nature)  was  established.  The 
directors  were  permitted  to  employ  convicts  upon 
the  buildings,  and  afterward  the  prisoners  were  to 
manufacture  articles  for  the  market  under  the  direc- 
tion of  the  warden.  Penalties  w^ere  fixed  for  aiding 
prisoners  to  escape.  Jails  in  the  local  areas  were 
to  be  maintained  in  a  healthful  condition ;  and  it  was 
unlawful  to  confine  opposite  sexes  in  the  same  apart- 
ment. For  inhuman  treatment  on  the  part  of  a 
jailor  there  was  a  maximum  fine  of  $500.  A  special 
act  defined  vagrancy  and  prescribed  the  treatment 
of  persons  answering  to  that  charge.*" 

The  first  labor  law  to  be  enacted  in  Iowa  legalized 
''mechanics'  liens",  which  operated  to  secure  the 
payment  for  labor  in  building,  repairing,  and  in  min- 
ing by  means  of  a  lien  upon  the  buildings  or  land. 
The  only  regulation  of  the  Old  Blue  Book  which 
might  be  considered  a  public  health  measure  was  a 
pure  food  law  forbidding  the  sale  or  exposure  for 
sale  of  any  impure  or  unwholesome  meat,  bread, 
beer,  or  liquor  whatsoever.  Transportation  of  pas- 
sengers by  water  was  safeguarded  by  compelling 


EARLY  SOCIAL  LEGLSLATIOX  JX   IOWA       :U 

the  owners  of  steamboats  to  provide  safe  engines 
and  boilers,  to  keep  their  craft  seaworthy,  and  to 
use  care  in  landing  passengers  and  in  the  storage  of 
gunpowder.  Certain  rules  of  navigation  were  also 
prescribed." 

Acts  which  jeopardize  tlie  lives,  safety,  and  char- 
acter of  the  people  are  contrary  to  good  moral  con- 
duct ;  and  so  the  first  legislators  of  the  Territory  of 
Iowa  saw  fit  to  penalize  such  actions.  Murder, 
manslaughter,  excusable  and  justifiable  homicide, 
duelling,  perjury,  mayhem,  poisoning,  false  impris- 
onment, kidnapping,  libel,  and  assault  were  enumer- 
ated and  defined.  Fighting,  stirring  up  quarrels, 
making  a  disturbance  at  night,  rioting  or  meeting  to 
do  an  unlawful  act,  conspiracy,  and  disturbing  wor- 
shiping assemblies  were  considered  breaches  of  the 
peace  and  were  to  be  punished  accordingly.  Disin- 
terment was  prohibited  on  penalty  of  a  fine  of  from 
$100  to  $500.  The  offenses  against  chastity  which 
were  recognized  in  the  first  laws  of  the  Territory  of 
Iowa  were  rape,  bigamy,  adultery,  fornication,  sod- 
omy, lewdness,  and  the  maintenance  of  immoral 
houses.  Moreover,  rape,  kidnapping,  perjury,  ar- 
son, burglary,  robbery,  sodomy,  larceny,  forgery, 
counterfeiting,  and  bigamy  were  considered  in- 
famous crimes  and  their  commission  forfeited  tlie 
right  to  vote,  hold  office,  serve  as  juror,  or  give  testi- 
mony in  the  Territory.  The  first  liquor  laws  re- 
quired that  retailers  should  secure  a  ''grocery" 
license;  but  to  sell  or  otherwise  dispose  of  intox- 
icants to  Indians  was  forbidden.     Persons  were  not 


32  SOCIAL  LEGISLATION  IN  IOWA 

allowed  to  keep  gaming  houses,  lease  or  permit  their 
property  to  be  used  for  that  purpose,  nor  to  operate 
gambling  devices  of  any  kind.  Debts  incurred  by 
gambling,  however,  were  held  to  be  valid/^ 

Domestic  relations  arising  out  of  the  state  of  mat- 
rimony with  its  various  consequent  circumstances 
relating  to  family  relationship  have  been  the  sub- 
ject of  legislation  from  the  earliest  times.  Accord- 
ing to  the  Old  Blue  Book  applications  for  divorce 
had  to  be  filed  with  the  district  court  and  were 
granted  for  any  of  the  following  causes:  impotency, 
adultery,  extreme  cruelty,  or  wilful  desertion  for 
one  year  —  but  a  year's  residence  in  the  Territory 
was  required  in  all  cases  except  adultery.  Guar- 
dians for  minors  were  to  be  appointed  in  the  event  of 
such  persons  having  no  parents  living  or  capable  of 
acting,  and  such  guardians  were  to  see  to  the  educa- 
tion and  nurture  of  such  wards  as  well  as  attending 
to  their  property.  Minors  over  fourteen  years  of 
age  were  allowed  to  choose  their  own  guardians.  A 
law  regulating  apprenticeship  made  the  consent  of 
the  parents  necessary,  required  a  statement  of  the 
length  of  the  term,  and  set  out  the  procedure  in  case 
of  misconduct  on  the  part  of  either  of  the  parties  in- 
volved.*® 

SOCIAL  LEGISLATION  IN  THE  BLUE  BOOK 

From  forty  pages  in  the  Old  Blue  Book  the  volume 
of  social  legislation  increased  to  the  extent  of  oc- 
cupying approximately  seventy  pages  of  the  Revised 
Statutes  of  1842-1643,  otherwise  known  as  the  Blue 
Book. 


EARLY  SOCIAL  LEGISLATION  IN  IOWA       33 

Of  prime  importance  was  the  enactment  of  the 
first  poor  law  in  lowa/^  As  it  was  rewritten  in  the 
Revised  Statutes  the  care  of  paupers  was  intrusted 
mainly  to  township  overseers  of  the  poor.  County 
commissioners,  however,  were  authorized  to  build 
poorhouses  and  to  levy  a  one  mill  tax  for  poor  relief 
if  necessary.  All  permanent  support  was  to  be  af- 
forded in  the  poorhouses,  or,  if  there  was  no  such 
institution,  indigent  persons  were  to  be  contracted 
out  for  a  year  at  a  time.  The  provisions  in  the  ear- 
lier law  of  1840  for  the  support  of  paupers  by  rel- 
atives and  for  the  care  of  minor  paupers  were  omit- 
ted. To  be  entitled  to  relief  a  year  of  residence  in 
a  township,  without  being  warned  to  depart,  was 
essential;  but  negroes  were  entirely  excluded  from 
gaining  a  settlement.  Poorhouses  were  subject  to 
monthly  inspection ;  the  superintendent  was  permit- 
tod  to  require  work  of  the  inmates ;  and  children  in 
the  poorhouse  could  be  bound  out  until  they  became 
of  age.  Provision  was  also  made  for  the  care  of 
needy  persons  having  settlement  in  another  county 
or  State.'« 

In  regard  to  the  insane  a  new  law  appears  in  the 
Blue  Book  regulating  the  guardianship  of  their 
property,  and  if  the  parents  were  not  able  to  main- 
tain them,  their  children,  grandchildren,  or  grand- 
parents, if  able,  were  to  offer  support.  Otherwise 
the  indigent  insane  were  entitled  to  relief  under  the 
poor  law  as  before.*^ 

It  is  noticeable  that  by  1843  imprisonment  as  a 
method  of  punishing  criminals  was  more  in  favor 


34  SOCIAL  LEGISLATION  IN  IOWA 

than  it  appeared  to  have  been  in  the  earlier  laws. 
Provision  was  made  in  the  Blue  Book  for  the  trans- 
fer of  a  prisoner  arrested  in  one  county  to  another 
for  safe  keeping;  while  in  the  penitentiary  convicts 
were  to  be  hired  out,  though  not  separately,  at  odd 
jobs  in  Fort  Madison.  Imprisonment  for  debt  was 
abolished  by  an  act  approved  on  February  8,  1843/" 

Several  additions  were  made  to  the  legislation  af- 
fecting public  morals.  Persons  presenting  exhibits 
and  shows  were  obliged  to  obtain  a  license.  Incest 
was  added  to  the  list  of  offenses  against  chastity. 
Anyone  operating  a  lottery  became  subject  to  a  max- 
imum fine  of  $200;  and  gambling  debts  were  de- 
clared void.  Selling  liquor,  laboring,  fishing,  or 
shooting  upon  the  Sabbath,  and  swearing  in  court  or 
before  a  religious  assembly  were  declared  immoral 
practices,  and  penalties  were  fixed  for  the  punish- 
ment of  the  offenders. ^^ 

The  marriage  law  in  operation  at  this  time  per- 
mitted male  persons  over  eighteen  years  of  age  and 
females  over  fourteen  to  be  mai^ried,  with  the  con- 
sent of  their  fathers,  by  a  minister  of  the  gospel  or 
justice  of  the  peace,  after  having  obtained  a  certifi- 
cate from  the  clerk  of  the  court  in  the  county  of  the 
woman's  residence.  The  time  and  place  of  the  cere- 
mony was  to  be  recorded  within  three  months.  The 
marriage  of  a  negro  and  a  white  person  was  declared 
illegal.  To  obtain  a  divorce  there  were  eight 
grounds  available :  impotency,  bigamy,  adultery,  de- 
sertion for  one  year,  felony  or  infamous  crime,  ha- 
bitual drunkenness  after  marriage,  cruel  and  barbar- 


EARLY  SOCIAL  LEGISLATION  IN  IOWA       35 

ous  treatment,  and  personal  indignities.  Six  months 
residence  was  required  unless  the  offense  com- 
plained of  was  committed  in  the  Territory  or  while 
one  of  the  parties  resided  therein.  The  father  of  an 
illegitimate  child  was  obliged  to  pay  damages  to  the 
mother  and  support  the  offspring." 

Further  legislation  against  negroes  forbade  them 
to  give  evidence  against  white  persons.  Indians 
were  denied  the  same  privilege." 


IV 

SOCIAL  LEGISLATION  IN  THE  CODE  OF  1851 

The  first  real  codification  of  the  laws  of  Iowa  ap- 
pears in  the  Code  of  1851.  Although  not  much  new 
legislation  of  a  social  nature  was  recorded  in  its 
pages  several  significant  changes  and  amendments 
had  been  made  since  the  appearance  of  the  Blue 
Booh  in  1843. 

The  administration  of  poor  relief  was  placed  in 
the  hands  of  the  county  judge,  but  he  was  aided  by 
the  township  trustees,  who  were  ex  officio  overseers 
of  the  poor,  and  the  directors  of  the  poorhouse. 
Both  outdoor  and  institutional  public  relief  was  af- 
forded, the  expense  being  borne  by  the  county  treas- 
ury. If  the  ordinary  revenue  of  the  county  should 
prove  insufficient  for  the  support  of  the  poor  a  tax 
of  one  mill  on  the  dollar  could  be  levied  for  the  pur- 
pose." 

Not  only  were  the  father,  mother,  and  children  of 
poor  persons  held  accountable  for  their  support, 
but  the  grandfather,  if  able  without  personal  labor, 
and  the  male  grandchildren,  if  able,  were  likewise 
required,  jointly  or  severally,  to  maintain  such  poor 
persons.  This,  moreover,  included  the  putative 
father  of  an  illegitimate  child. 

The  township  trustees  or  the  directors  of  the  poor- 

36 


SOCIAL  LEGISLATION  IN  CODE  OF  1851      37 

house,  if  called  upon  to  do  so,  were  to  direct  the  man- 
ner of  relief  or  maintenance  and  compel  observance 
by  an  order  from  the  district  court.  But  before 
such  an  order  should  be  issued,  written  application 
for  it  had  to  be  made  and  the  parties  charged  noti- 
fied fourteen  days  previous  to  a  hearing  of  the  alle- 
gations and  proofs.  If  the  defendants  should  so  de- 
mand, the  question  was  to  be  tried  before  a  jury. 
The  order  of  the  court  for  relief  might  call  for  the 
payment  of  money  or  for  taking  the  indigent  person 
into  the  home  of  the  relative  charged  with  his  or  her 
maintenance  —  it  might  be  for  the  entire  or  partial 
support  —  and  could  be  enforced  by  judgment  and 
execution  of  the  amount  due.  Property  might  be 
seized  by  the  county  court  in  anticipation  of  the  sup- 
port by  the  public  of  a  person  who  had  been  aban- 
doned by  father,  mother,  or  husband,  upon  the  com- 
plaint of  the  township  trustees  or  the  directors  of 
the  poorhouse  in  case  they  had  been  applied  to  for 
aid.  The  county  could  recover  from  the  relatives 
liable  for  the  support  of  a  poor  person  any  money 
spent  in  relief,  but  such  proceedings  had  to  be  start- 
ed within  two  years  from  the  time  a  cause  for  action 
accrued;  and  in  a  like  manner  a  more  distant  rel- 
ative might  recover. 

In  order  to  be  entitled  to  county  aid  a  person  was 
required  to  have  a  legal  settlement  in  the  county  to 
wliich  he  applied  for  relief.  A  white  person  who 
had  attained  majority,  having  resided  in  the  State  a 
year  without  being  warned  to  depart,  gained  a  settle- 
ment in  the  county  of  his  residence;  a  married  wo- 


38  SOCIAL  LEGISLATION  IN  IOWA 

man  took  the  settlement  of  lier  husband;  an  aban- 
doned married  woman  having  obtained  permission 
acquired  settlement  as  though  unmarried ;  legitimate 
minor  children  had  the  settlement  of  the  father,  but 
if  he  had  none  then  they  had  that  of  the  mother ;  il- 
legitimate minor  children  had  the  settlement  of  the 
mother  but  if  she  had  none  then  they  had  that  of  the 
putative  father ;  a  minor  whose  parent  had  no  settle- 
ment in  the  State  and  a  married  woman  living  apart 
from  her  husband  and  having  no  settlement  and 
whose  husband  had  no  settlement  in  the  State,  might 
gain  a  settlement  by  residing  for  a  year  in  a  county ; 
and  a  minor  bound  as  an  apprentice  or  servant 
gained  immediately  a  settlement  where  his  master 
had  one. 

Persons  who  were  county  charges,  or  likely  to  be- 
come such,  on  coming  into  a  county  might  be  pre- 
vented from  acquiring  a  settlement  by  a  written 
warning  to  depart  authorized  by  the  township  trus- 
tees, the  directors  of  the  poorhouse,  the  court,  or  the 
judge.  A  person  coming  from  another  State,  who 
was  neither  a  citizen  nor  had  a  settlement  there, 
might  be  sent  back  at  the  expense  of  the  county  or 
temporarily  relieved  where  he  applied  for  aid.  The 
county  where  settlement  was  had  was  liable  to  an- 
other county  rendering  relief  for  the  expenses  of 
such  aid  to  a  poor  person  and  for  charges  of  removal 
and  support  after  notice  was  given.  Cases  of  dis- 
puted settlement  were  tried  in  the  court  of  the  coun- 
ty to  which  application  for  relief  had  been  made,  or 
at  the  request  of  the  other  county  in  some  disinter- 


SOCIAL  LEGISLATION  IN  CODE  OF  1851      39 

estod  county,  and  the  procedure  was  after  the  man- 
ner of  an  ordinary  action. 

The  township  trustees  in  counties  where  there 
was  no  poorhouse  had  the  oversi|2:ht  of  all  poor  per- 
sons within  their  jurisdiction.  They  were  allowed 
upon  application  to  provide  temporary  outdoor  re- 
lief. The  county  judge  in  counties  without  a  poor- 
house  was  vested  w^ith  authority  to  contract  with  the 
lowest  bidder  for  the  support  of  the  poor  for  one 
year  only  at  a  time,  but  in  counties  with  poorhouses 
their  support  could  be  contracted  out  with  the  use  of 
the  poorhouse  for  a  term  of  three  years.  Contract- 
ors could  require  work  of  those  physically  able. 

In  order  to  facilitate  the  administration  of  poor 
relief  or  to  make  it  more  effective,  the  county  court 
was  authorized  to  order  the  erection  of  a  county 
poorliouse,  XJi'ovided  such  action  was  approved  by  a 
vote  of  the  people.  The  county  judge  was  in  full 
authority  to  manage  the  poorhouse  unless  the  court 
chose  to  appoint  one  or  three  directors.  A  steward 
was  in  charge  of  the  poorhouse.  In  counties  having 
poorhouses  relief  was  to  be  furnished  there  only,  ex- 
cept temporary  outdoor  relief,  annual  allowances  to 
possible  charges,  or  as  the  county  judge  might  order 
otherwise.  No  person  could  be  admitted  except  on 
the  written  order  of  a  township  trustee,  a  director 
of  the  poorhouse,  or  the  judge.  Moderate  labor 
could  be  required  of  inmates.  When  they  were  able 
to  support  themselves  their  discharge  could  be  or- 
dered, A  general  inspection  was  required  once  a 
month. 


40  SOCIAL  LEGISLATION  IN  IOWA 

Among  defective  classes  the  blind  and  the  deaf 
and  dumb  were  taken  cognizance  of  and  a  State  ap- 
propriation of  $100  a  year  for  the  education  of  each 
such  unfortunate  person  between  the  ages  of  ten  and 
thirty  years  was  made.  This  appears  as  the  first 
grant  of  State  aid  to  special  classes  of  defectives.^' 

In  accordance  with  the  system  of  county  govern- 
ment provided  for  in  the  Code  of  1851  the  jurisdic- 
tion over  insane  persons  was  conferred  upon  the 
county  court  sitting  as  a  court  of  probate.  Guard- 
ians of  the  person  and  property  of  the  insane  were 
allowed  to  commit  their  charges  to  jail  for  the  sake 
of  safety.^® 

In  the  Code  of  1851  appears  the  first  suggestion  of 
a  system  of  criminal  statistics  —  one  of  the  prime 
requisites  in  determining  the  extent  and  nature  of 
crime  and  the  custody  of  criminals.  Sheriffs  were 
obliged  to  keep  a  calendar  of  all  prisoners  commit- 
ted to  them,  which  calendar  should  contain  the  names 
of  all  prisoners,  place  of  abode,  time  of  commitment 
and  discharge,  cause  of  commitment,  the  authority 
that  committed  them,  and  a  description  of  their  per- 
sons. The  clerk  of  the  district  court  was  required  to 
report  to  the  Secretary  of  State  annually  the  convic- 
tions in  his  district,  the  character  of  the  offense  and 
the  sentence  imposed,  the  occupation  of  the  convict, 
whether  he  could  read  or  write,  his  general  habits, 
and  the  expenses  of  the  county  for  criminal  prosecu- 
tions. And  it  devolved  upon  the  Secretary  of  State 
to  present  to  the  General  Assembly  at  each  regular 
session  an  abstract  of  criminal  returns." 


SOCIAL  LEGISLATION  IN  CODE  OP  1851      41 

Felonies  were  at  this  time  defined  as  offenses 
^'punishable  with  death,  or  by  imprisonment  in  the 
penitentiary".  Every  other  offense  was  deemed  a 
misdemeanor.  When  tlie  punishment  for  a  misde- 
meanor was  not  prescribed  by  statute  it  was  to  con- 
sist of  imprisonment  in  a  county  jail  for  not  longer 
than  one  year,  a  fine  not  exceeding  $500,  or  l)oth. 
The  death  penalty  could  be  inflicted  for  treason  and 
for  first  degree  murder.  Bail  was  denied  to  offend- 
ers charged  with  treason  or  murder.^^ 

The  jails  in  the  several  counties  with  the  respec- 
tive sheriffs  in  charge  were  declared  to  be : 

First  —  For  the  detention  of  persons  charged  with  of- 
fenses and  duly  committed  for  trial  or  examination ; 

Second  —  For  the  detention  of  persons  who  may  be  duly 
committed  to  secure  their  attendance  as  witnesses  on  the 
trial  of  any  criminal  cause ; 

Third  —  For  the  confinement  of  persons  pursuant  to 
sentence  upon  conviction  for  any  offense,  and  of  all  other 
persons  duly  committed  for  any  cause  authorised  by  law. 

There  was  a  keeper  for  each  jail  whose  duty  it 
was  to  see  that  the  place  was  clean  and  healthful, 
to  furnish  sufficient  clean  water  daily  to  each  pris- 
oner for  drink  and  personal  use,  to  provide  a  clean 
towel  and  shirt  once  a  week  and  wholesome  food, 
well  cooked,  and  in  ample  quantity  three  times  a  day. 
lie  was  also  required  to  furnish  ''necessary  bedding, 
clothing,  fuel,  and  medical  aid"  for  all  prisoners. 
The  administration  of  these  institutions  has  always 
been  in  the  hands  of  local  officials,  but  a  shadow  of 
centralized  control  appeared  in  the  Code  of  1851 


42  SOCIAL  LEGISLATION  IN  IOWA 

when  tlie  county  judge  and  prosecuting  attorney 
were  authorized  to  act  as  inspectors, ^^ 

Should  a  prisoner  become  refractory  he  might  be 
placed  in  solitary  confinement  on  a  diet  of  bread  and 
water.  Hard  labor  could  be  required.  If  one 
should  succeed  in  escaping  from  jail  he  was  to  be  im- 
prisoned for  not  more  than  one  additional  year  and 
fined  not  exceeding  $300.  In  case  of  fire  prisoners 
could  be  temporarily  removed.  A  judgment  might 
direct  the  defendant  to  be  imprisoned  until  the  fine 
and  costs  in  the  case  were  satisfied,  but  poor  persons 
confined  for  the  non-payment  of  a  fine  were  to  be  lib- 
erated after  thirty  days  upon  giving  to  the  county 
treasurer  a  promissory  note  for  the  amount  of  the 
fine  and  a  schedule  of  their  property.  The  expenses 
of  county  jails  were  paid  by  the  county  —  except 
that  the  United  States  was  to  pay  for  prisoners  com- 
mitted or  detained  by  the  authority  of  the  United 
States  courts."" 

According  to  the  Code  of  1851  the  penitentiary  at 
Fort  Madison  was  under  the  government  of  a  board 
of  three  inspectors  and  a  warden  appointed  by  the 
Governor.  It  was  the  duty  of  the  inspectors  to  in- 
spect the  prison  individually  every  month  and  col- 
lectively every  three  months,  to  audit  the  accounts 
of  the  institution,  inquire  into  any  misconduct  on 
the  part  of  prisoners  or  officers,  and  to  make  neces- 
sary rules  and  regulations.  The  warden  was  to  re- 
side within  the  prison,  appoint  subordinate  officers 
(except  the  clerk),  take  care  of  the  finances  of  the 
institution,  contract  for  supplies,  practice  rigid  econ- 


SOCIAL  LEGISLATION  IN  CODE  OF  1851      43 

omy,  and  rognlate  the  discipline  of  the  convicts. 
Other  officers  were  a  deputy  warden,  a  clerk,  over- 
seers of  prison  labor  and  manufacture,  and  a  physi- 
cian. For  negligence  or  unfaithfulness  on  the  part 
of  these  officers  in  the  discharge  of  their  duty  the 
warden  could  deduct  a  month's  wages,  or  for  allow- 
ing a  convict  to  be  at  large  in  the  prison,  conversed 
with,  relieved,  or  comforted,  a  fine  not  exceeding 
$500  could  be  imposed.  Upon  the  estimates  of  the 
warden  supplies  were  to  be  contracted  for  by  the 
year.  The  contracts  were  let  on  competitive  bids 
and  the  contractor  was  required  to  give  satisfactory 
security.''^ 

All  convicts  were  sentenced  to  hard  labor  rather 
than  solitary  confinement,  although  the  latter  might 
be  resorted  to  for  the  purpose  of  discipline.  Prison- 
ers of  the  United  States  could  be  received  into  the 
penitentiary  and  kept  in  pursuance  of  their  sen- 
tences. No  prisoner  could  be  discharged  until  he 
had  remained  the  full  term  for  which  he  was  sen- 
tenced, good  behavior  availing  only  to  the  extent 
that  the  warden  might  at  his  discretion  reward  such 
convicts  by  giving  them  not  more  than  five  dollars  on 
their  release.  Provision  was  made  for  the  purchase 
of  books  with  the  twenty-five  cent  fees  collected  from 
all  visitors  —  except  those  legally  authorized  to  view 
the  precincts  of  the  prison.  In  case  of  pestilence 
prisoners  could  be  temporarily  removed.  Upon  en- 
tering the  prison  the  property  of  the  convict  found 
upon  his  person  was  removed  and  kept  until  he  was 
released :  if  convenient  it  was  placed  at  interest  for 


44  SOCIAL  LEGISLATION  IN  IOWA 

him,  unless  disposed  of  according  to  law.  In  case 
of  a  convict  resisting  the  authority  of  an  officer,  or 
if  there  was  an  insurrection  at  the  penitentiar}' ,  such 
an  officer,  and  in  the  latter  instance  any  person,  was 
allowed  to  use  weapons  to  enforce  obedience,  while 
to  wound  or  kill  a  rebellious  convict  was  deemed 
justifiable.®^ 

The  warden  was  presumed  to  make  every  en- 
deavor to  apprehend  an  escaped  convict  and  to  that 
end  was  authorized  to  offer  a  reward  of  as  high  as 
$50  for  his  delivery;  while  the  prisoner  if  appre- 
hended was  to  be  reincarcerated  and  his  term  ex- 
tended as  much  as  five  years.  Another  class  of  leg- 
islation relating  to  the  escape  of  prisoners  is  from 
the  angle  of  those  who  aid  or  permit  it.  In  the  Code 
of  1851  the  penalty  of  from  one  to  ten  years  in  the 
penitentiary  was  prescribed  for  a  jailor  or  officer 
who  voluntarily  allowed  a  prisoner  charged  or  con- 
victed of  a  capital  felony  to  escape,  a  fine  of  not  over 
$1000  or  more  than  eight  years  in  the  penitentiary 
for  voluntarily  allowing  the  escape  of  one  charged  or 
convicted  of  any  other  felony,  and  a  maximum  fine 
of  $500,  imprisonment  in  the  county  jail  not  over  one 
year,  or  both  for  permitting  voluntarily  the  escape 
of  one  charged  or  convicted  of  any  public  offense. 

If  a  person  should  assist  a  prisoner,  who  was  held 
for  felony,  to  escape  from  the  penitentiary  or  a  jail, 
or  forcibly  rescue  one  detained  upon  any  criminal 
charge,  such  person  might  be  imprisoned  in  the  pen- 
itentiary not  more  than  ten  years,  or  fined  not  more 
than  $500  and  imprisoned  in  the  county  jail  not  more 


SOCIAL  LEGISLATION  IN  CODE  OP  1851      45 

than  one  year.  iVny  person  helping:  a  prisoner,  held 
for  any  criminal  offense  other  than  felony,  to  escape, 
or  conveying  to  him  means  of  escape,  was  subject  to 
imprisonment  in  the  county  jail  not  exceeding  a 
year,  or  to  a  fine  not  exceeding  $500,  or  to  both  the 
fine  and  imprisonment.  For  aiding  a  prisoner  to 
escape  from  an  officer  the  maximum  penalty  was  a 
$300  fine,  imprisonment  in  the  county  jail  not  ex- 
ceeding one  year,  or  both.**^ 

The  Constitution  of  1846  which  was  in  force  in 
1851  empowered  the  Governor  to  grant  reprieves 
and  pardons  and  commute  punishments  after  con- 
viction, and  the  Code  of  1851  made  provision  for 
conditional  pardons,  remission  of  fines  for  public 
offenses,  and  reprieves  in  capital  cases  for  not  long- 
er than  one  j^ear  by  the  Governor.  Returns  of  the 
execution  of  the  order  of  the  Governor  were  to  be 
made  immediately  to  the  Secretary  of  State.®* 

The  attitude  toward  vagrants  was  defined  much 
more  specifically  in  the  Code  of  1851  than  ever  be- 
fore. Moreover,  these  provisions  have  met  with 
scarcely  any  changes  since  that  time.  Those  who 
were  guilty  of  vagrancy,  it  was  declared,  were  ''all 
persons  who  tell  fortunes  or  where  lost  or  stolen 
goods  may  be  found ;  all  common  prostitutes  and  all 
keepers  of  bawdy  houses  or  houses  for  the  resort  of 
prostitutes ;  all  habitual  drunkards,  gamesters,  or 
other  disorderly  persons ;  all  persons  wandering 
about  and  having  no  visible  calling  or  business  to 
maintain  themselves;  all  persons  begging  in  public 
places  or  from  house  to  house  or  procuring  children 


46  SOCIAL  LEGISLATION  IN  IOWA 

so  to  do;  all  persons  going  about  as  collectors  of 
alms  or  [for]  charitable  institutions  under  any  false 
or  fraudulent  pretense;  all  persons  playing  or  bet- 
ting in  any  street,  or  public  or  open  place  at  or  with 
any  table  or  instrument  of  gaming  at  any  game  or 
pretended  game  of  chance." 

Vagrants  could  be  arrested,  brought  before  a  jus- 
tice of  the  peace,  and  required  to  guarantee  on  secur- 
ity their  good  behavior  for  one  year.  They  could 
be  committed  to  jail  until  such  security  was  given. 
Should  they  break  their  pledge  new  security  could 
be  required  or  they  might  be  put  in  the  county  jail 
for  a  term  not  exceeding  six  months.  The  district 
court  was  empowered  to  enquire  into  the  circum- 
stances of  vagrancy  cases  and  to  authorize  the  ap- 
prenticing of  minor  vagrants  and  the  contracting 
with  suitable  persons  for  the  services  of  vagrants 
of  full  age ;  or  the  district  court  might  at  its  discre- 
tion sentence  vagrants  to  hard  labor  in  jail  not  ex- 
ceeding six  months,  the  earnings  of  such  a  person  to 
be  divided  equally  between  him  and  the  county.''^ 

Some  important  changes  were  made  in  the  law  of 
mechanics'  liens.  Thus,  sub-contractors  obtained 
a  lien  against  their  principal;  and  while  the  miners' 
lien  of  the  earlier  legislation  was  omitted  a  new  one 
was  created  for  persons  furnishing  labor  or  ma- 
terials for  bridges,  railroads,  or  other  internal  im- 
provements. Further  labor  legislation  declared 
that  wages  paid  to  minors  were  full  satisfaction  and 
precluded  the  collection  of  a  second  payment  by  par- 
ents; while  personal  earnings  of  a  resident  debtor, 


SOCIAL  LEGISLATION  IN  CODE  OF  1851      47 

at  any  time  within  ninety  days  next  preceding  the 
levy,  were  exempted  from  execution. ''° 

In  the  interest  of  public  health  it  was  declared  that 
anyone  inoculating  himself  or  any  other  person  with 
smallpox,  or  coming  into  the  State  mth  intent  to 
cause  the  prevalence  and  spread  of  the  disease, 
might  be  imprisoned  in  the  penitentiary  three  years, 
or  be  fined  $100  and  imprisoned  in  the  county  jail  one 
year.  A  maximum  penalty  of  six  months  in  the  coun- 
ty jail,  $200  fine,  or  both  was  prescribed  for  selling 
unwholesome  provisions.  For  adulterating  food  or 
liquor  that  was  to  be  sold  a  sentence  of  one  year  in  the 
county  jail  or  a  fine  of  $300  might  be  imposed.  The 
adulteration  of  any  drug  or  medicine  for  the  pur- 
pose of  sale  so  that  its  efficacy  should  be  lessened  or 
its  operation  changed  was  to  be  penalized  by  a  fine 
of  as  much  as  $500  or  imprisonment  for  a  year." 

A  nuisance  was  defined  in  the  Code  of  1851  —  so 
far  as  its  relation  to  public  health  is  concerned  —  as 
something  injurious  to  health,  indecent  or  offensive 
to  the  senses,  and  essentially  interfering  with  the 
comfortable  enjoyment  of  life  and  property.  The 
use  of  a  building  for  a  purpose  that  occasions  of- 
fensive smells  and  other  annoyances  and  thereby  be- 
comes injurious  to  health  and  comfort,  suffering  any 
offal,  filth,  or  noisome  substance  to  be  collected  or 
remain  in  a  place  to  the  prejudice  of  others,  corrupt- 
ing or  rendering  impure  the  water  of  any  river, 
stream,  or  pond,  manufacturing  gunpowder  within 
eighty  rods  of  another  valuable  building,  and  the 
maintenance  of  disorderly  houses  were  specifically 


48  SOCIAL  LEGISLATION  IN  IOWA 

designated  as  nuisances,  subject  to  being  en"joined 
or  abated.  Anyone  convicted  of  tlie  commission  of 
a  nuisance,  where  no  other  penalty  was  provided, 
might  be  fined  $1000  or  less,  and  the  court  could  or- 
der the  nuisance  abated  at  the  expense  of  the  de- 
fendant.^^ 

The  regulation  of  traffic  upon  the  public  highway 
is  for  the  purpose  of  securing  to  the  public  the  high- 
est degree  of  safety,  and  consequently  certain  road 
rules  have  been  formulated,  some  so  common  as 
hardly  to  need  mentioning.  Thus,  the  first  road 
rules  prescribed  that  all  highways  should  be  not  less 
than  sixty-six  feet  in  width.  Guide  boards  were 
supposed  to  be  maintained  at  such  points  as  might 
be  deemed  expedient.  The  road  supervisors  were 
responsible  for  the  condition  of  roads  and  bridges  to 
the  extent  that  if  any  part  became  unsafe  or  impas- 
sable they  were  liable  for  all  damages  resulting."^ 

Moreover,  it  was  deemed  necessary  to  pass  a  law 
requiring  certain  poisons  to  be  labelled  in  order  to 
protect  society  from  using  them  wrongfully.  Apoth- 
ecaries neglecting  this  duty  were  to  be  punished  by 
a  fine  not  exceeding  $100  nor  less  than  $20.  Anyone 
mingling  poison  with  any  food,  drink,  or  medicine 
with  intent  to  kill  was  liable  to  be  put  in  the  peniten- 
tiary for  not  more  than  ten  years  and  fined  not  over 
$1000.^° 

Offenses  against  the  sovereignty  of  the  State  and 
the  lives  and  persons  of  individuals  are  contrary  to 
good  moral  conduct.  The  Code  of  1851  penalized 
treason  by  death.     Murder  was  recognized  in  first 


SOCIAL  LEGISLATION  IN  CODE  OF  1851      49 

and  second  degree  —  the  former  punishable  by 
death,  the  latter  by  imprisonment  for  a  term  vary- 
ing from  ten  years  to  life.  Assault  with  intent  to 
commit  murder  was  punishable  by  imprisonment 
in  the  penitentiary  not  exceeding  ten  years,  while 
like  action  with  intent  to  do  great  bodily  injury  in- 
voked either  confinement  in  jail  not  exceeding  a  year 
or  a  fine  not  exceeding  $500.  Manslaughter  invoked 
a  penalty  of  imprisonment  from  one  to  eight  years 
and  a  fine  of  from  $100  to  $1000.  Death  resulting 
from  a  duel  was  declared  to  bo  murder  in  the  first 
degree;  while  anyone  who  was  a  party  to  the  ar- 
rangements for  a  duel  was  to  be  fined  not  exceeding 
$1000  nor  less  than  $400  and  imprisoned  for  not 
more  than  three  years  nor  less  than  one.  For  maim- 
ing or  disfigTiring  a  person  the  penalty  was  a  term 
in  the  penitentiary  not  longer  than  five  years  and  a 
fine  not  exceeding  $1000  nor  less  than  $100.  Assault 
with  intent  to  maim  or  disfigure  a  person  was  pun- 
ishable with  imprisonment  in  the  penitentiary  not 
over  five  years,  a  fine  of  not  more  than  $1000,  or 
both.  Imprisonment  not  over  five  years  constituted 
the  punishment  of  a  father  or  mother  who  should 
expose  a  child  under  six  ^''ears  of  age  with  the  intent 
of  wholly  abandoning  it.  Persons  guilty  of  assault 
and  battery  were  to  be  punished  by  confinement  in 
jail  not  longer  than  six  months,  or  a  fine  of  not  to  ex- 
ceed $200,  or  both.  The  penalty  for  kidnapping  was 
imprisonment  in  the  penitentiary  not  more  than  five 
years,  a  fine  not  exceeding  $1000,  or  both,  while  any 
person  who  enticed  away  a  child  under  twelve  years 


50  SOCIAL  LEGISLATION  IN  IOWA 

of  age  was  to  be  put  in  the  penitentiary  for  a  term  of 
years  not  exceeding  ten,  or  fined  not  over  $1000,  or 
both  fined  and  confined. ^^ 

For  fighting  one  was  to  incur  a  fine  of  $50  or  three 
months  imprisonment.  The  maximum  penalty  of 
imprisonment  in  jail  one  year  or  a  fine  of  $500  pre- 
vailed in  the  case  of  unlawful  assembly  and  rioting 
to  the  disturbance  of  others.  Any  person  engaging 
in  a  riot  or  unlawful  assembly  could  be  tried  alone. 
Having  riotously  conducted  themselves,  if  any  prop- 
erty should  be  destroyed  or  person  injured  —  pro- 
vided it  was  not  done  feloniously  —  the  perpetrators 
exposed  themselves  to  a  maximum  penitentiary  sen- 
tence of  five  years,  or  a  fine  of  not  over  $500  and  con- 
finement in  the  county  jail  for  a  year.  Anybody  ex- 
citing a  disturbance  in  any  tavern  or  store  or  at  a 
public  meeting  was  to  undergo  the  punishment  of  be- 
ing fined  not  over  $100  or  confined  in  jail  for  not 
longer  than  six  months.  Officers  guilty  of  stirring 
up  quarrels  were  to  be  punished  by  a  fine  not  exceed- 
ing $500  and  became  liable  to  the  party  injured  for 
treble  damages.  Disturbing  worshiping  congrega- 
tions could  be  indulged  in  only  at  the  risk  of  being 
put  in  jail  for  thirty  days  or  fined  $50;  while  the 
selling  of  intoxicating  liquor  within  a  mile  of  such  an 
assembly  invoked  a  fine  not  exceeding  $50.'^^ 

Conspicuous  among  the  provisions  of  the  Code  of 
1651  attempting  to  preserve  public  morality  was  one 
prohibiting  the  sale,  publication,  and  distribution  of 
obscene  books,  pictures,  or  songs  manifestly  tending 


SOCIAL  LEGISLATION  IN  CODE  OF  1851      51 

to  corrupt  the  morals  of  youth,  on  penalty  of  a  fine 
of  $200/^ 

Practically  all  of  the  offenses  against  chastity 
were  defined  and  penalized  by  the  Code  of  1851.  Be- 
ing guilty  of  adultery  a  person  was  to  be  punished 
by  imprisonment  in  the  penitentiary  for  not  over 
three  years,  or  by  imprisonment  in  the  county  jail 
for  not  longer  than  one  year,  together  with  being 
fined  not  over  $300.  Adultery  also  constituted  a 
ground  for  divorce.  The  penalty  for  a  married  per- 
son being  found  guilty  of  bigamy  was  either  not 
more  than  five  years  in  the  penitentiary,  or  one  year 
in  the  county  jail  and  a  fine  not  exceeding  $500 ;  but 
for  an  unmarried  person  to  be  a  party  to  the  crime 
of  bigamy  the  maximum  penitentiary  term  was  three 
years  with  the  option  of  a  fine  of  $300  and  imprison- 
ment in  the  county  jail  one  year.  The  punishment 
for  obscene  and  indecent  exposure  was  fixed  at  a 
fine  not  exceeding  $200  or  confinement  in  jail  for 
not  longer  than  six  months.  Anyone  guilty  of  entic- 
ing away  a  girl  under  fifteen  years  of  age  for  the 
purpose  of  prostitution  was  to  be  imprisoned  in  the 
penitentiary  not  more  than  three  years,  or  put  in  the 
county  jail  for  not  more  than  one  year  and  fined  not 
over  $1000,  Furthermore,  prostitutes  were  desig- 
nated as  being  vagrants  and  were  subject  to  treat- 
ment as  such."* 

Out  of  the  practice  of  prostitution  have  developed 
houses  of  ill  fame.  The  Code  of  1851  aimed  to  pro- 
hibit such  places  by  providing  a  jail  term  of  not  more 


52  SOCIAL  LEGISLATION  IN  IOWA 

than  one  year  or  a  fine  not  exceeding  $500  for  the 
first  offense,  and  for  the  second  offense,  imprison- 
ment in  the  penitentiary  from  one  to  three  years,  by 
making  keepers  answerable  to  the  charge  of  va- 
grancy, and  by  subjecting  houses  of  ill  fame  to  being 
dealt  with  as  nuisances.  The  lease  of  a  house  being 
used  for  prostitution  was  declared  to  be  void  and 
could  be  terminated,  but  if  a  landlord  knowingly 
leased  his  property  for  such  a  purpose  he  became 
liable  to  a  fine  not  exceeding  $300  or  imprisonment 
in  jail  for  six  months  or  less.  Likewise  under  the 
Code  of  1851  anyone  enticing  or  inveigling  a  virtu- 
ous or  reformed  woman  to  a  house  of  ill  fame  could 
be  sentenced  to  the  penitentiary  for  a  term  of  from 
three  to  ten  years.^^ 

Differing  somewhat  in  their  nature,  being  classed 
as  offenses  against  persons  rather  than  chastity,  but 
none  the  less  immoral  or  unchaste  on  that  account, 
are  rape  and  seduction.  For  committing  rape  a  per- 
son could  be  confined  in  the  penitentiary  for  life,  and 
for  an  attempt  to  do  so  the  maximum  punishment 
was  twenty  years.  If  one  should  compel  a  woman 
against  her  will  to  marry  him  or  be  defiled  he  was 
subject  to  a  maximum  fine  of  $1000  and  imprison- 
ment in  the  penitentiary  not  exceeding  ten  years. 
While  technically  it  was  not  considered  as  rape,  the 
same  penalty  prevailed  if  the  female  should  be  ren- 
dered insensible  or  two  weak  in  mind  or  body  to 
make  effectual  resistance.  Seduction  w^as  punish- 
able by  a  penitentiary  term  of  not  over  five  years,  or 
imprisonment  in  the  county  jail  for  not  more  than  a 


SOCIAL  LEGISLATION  IN  CODE  OF  1851      53 

year,  together  witli  a  fine  not  exceeding  $1000,  but 
marriage  constituted  a  bar  to  prosecution/" 

In  the  Code  of  1851  a  change  was  indicated  in  the 
attitude  toward  the  liquor  traffic,  the  sale  of  intox- 
icants by  glass  or  "dram"  being  prohibited  w^iile 
''dram  shops"  were  declared  to  be  public  nuisances. 
Tlie  traffic  of  liquors,  however,  as  commodities  of 
merchandise  was  not  prohibited.  Whoever  violated 
the  prohibitory  statute  was  liable  to  a  fine  of  from 
$10  to  $100,  imprisonment  in  the  county  jail  not 
longer  than  ninety  days,  or  both.  Selling  or  giving 
liquor  in  any  quantity  to  an  intoxicated  person  or 
an  Indian  was  not  permissible,  the  penalty  being  a 
$200  fine,  a  term  in  jail  not  exceeding  a  year,  or 
both.^^ 

The  keeping  of  gambling-houses  was  penalized  in 
the  Code  of  1851  by  a  fine  of  not  less  than  $50  nor 
more  than  $300,  or  by  imprisonment  in  the  county 
jail  for  not  more  than  one  year,  or  both.  Authority 
was  also  given  to  search  suspected  places  and  de- 
stroy any  gambling  device  therein.  Gambling- 
houses  were  deemed  to  be  nuisances  and  could  be 
abated.  Gambling  and  betting  was  punishable  by 
a  fine  not  exceeding  $100,  or  not  over  six  months  in 
the  county  jail,  and  gambling  contracts  were  de- 
clared void.  A  maximum  penalty  of  one  year  in 
jail,  a  fine  not  exceeding  $1000,  or  both,  was  provid- 
ed for  making  a  lottery,  for  advertising  or  selling 
lottery  tickets,  or  for  the  possession  of  any  such 
tickets.'^^ 

''If  any  person  cruelly  beat  or  torture  any  horse 


54  SOCIAL  LEGISLATION  IN  IOWA 

or  ox  or  other  beast,  whether  belonging  to  himself 
or  another,  he  shall  be  punished  by  fine  not  exceed- 
ing one  hundred  dollars."  ''^ 

The  Code  of  1851  recorded  no  very  marked 
changes  in  legislation  affecting  domestic  relations. 
The  age  at  which  males  were  allowed  to  marry  was 
reduced  from  eighteen  to  sixteen  years,  and  the  mar- 
riage certificate  was  to  be  obtained  in  the  county 
where  the  ceremony  was  held.  In  addition  to  min- 
isters and  justices  of  the  peace,  judges  and  mayors 
were  allowed  to  officiate.  Illegitimate  children  be- 
came legitimate  by  the  subsequent  marriage  of  the 
parents.  The  eighth  cause  for  a  divorce  was  made 
more  general  by  the  phraseology  ''cannot  live  in 
peace  and  happiness".  The  period  of  minority  ex- 
tended in  males  to  the  age  of  twenty-one  years,  in 
females  to  that  of  eighteen  years,  but  majority  was 
attained  by  all  minors  at  marriage.  Masters  were 
obliged  to  clothe  apprentices  and  send  them  to  school 
four  months  of  the  year  after  they  were  six  years 
old.  The  district  court  was  empowered  to  change 
the  names  of  persons.  A  husband  or  wife  could  no 
longer  testify  against  the  other.^° 


V 

SOCIAL  LEGISLATION  IN  THE  REVISION  OF 

1860 

Some  ninety  pages  are  devoted  to  social  legisla- 
tion in  the  Revision  of  1860.  Important  advances 
along  several  lines  are  evidence  of  the  growing  con- 
cern for  social  welfare.  Moreover,  the  change  from 
the  county  judge  to  the  board  of  supervisors  system 
of  county  administration  had  some  bearing  on  social 
legislation,  particularly  in  the  support  and  care  of 
the  poor,  for  all  of  the  powers  formerly  exercised 
by  the  county  judge  were  transferred  to  the  super- 
visors. Likewise  the  adoption  in  1858  of  the  general 
incorporation  law  for  cities  and  towns  caused  the 
enumeration  in  the  statutes  of  many  powers  and 
duties  of  social  significance  enjoyed  hj  them  which 
had  hitherto  been  designated  only  in  the  special 
charters. 

These  changes  in  the  organization  of  local  govern- 
ment were  in  truth  responsible  for  the  only  modifica- 
tions of  the  law  relating  to  poor  relief.  The  super- 
visors replaced  the  county  judge  and  cities  of  the 
first  class  were  given  permission  to  establish  and 
maintain  an  infirmary  for  the  poor  of  the  city,  and 
provide  for  the  distribution  of  outdoor  relief.^^ 

In  regard  to  defective  classes,  however,  the  decade 

55 


56  SOCIAL  LEGISLATION  IN  IOWA 

which  liad  elapsed  since  the  adoption  of  the  Code  of 
1851  had  witnessed  changes  of  greater  moment.  It 
was  during  this  time  that  the  system  of  direct  money 
grants  by  the  State  for  the  care  of  certain  classes 
gave  way  to  the  establishment  of  institutions.  The 
blind  and  the  deaf  and  dumb,  who  had  been  the  re- 
cipients of  such  aid,  were  henceforth  to  be  cared  for 
in  asylums  at  Iowa  City.  These  institutions  were 
educational  in  character,  "all  blind  persons  resi- 
dents of  this  state"  and  "every  deaf  and  dumb  citi- 
zen of  the  state"  of  suitable  age  and  capacity  being 
entitled  to  admission  and  an  education  there  at  the 
expense  of  the  State.  The  asylums  were  under  the 
supervision  of  boards  of  trustees  consisting  of  seven 
members.  The  dual  system  of  appropriations  for 
support,'  one  fund  for  general  maintenance  and  an- 
other for  current  expenses,  was  followed.^- 

The  establishment  of  the  Hospital  for  the  Insane 
'at  Mount  Pleasant  in  1858  marks  the  beginning  in 
Iowa  of  the  care  of  that  class  of  defectives  in  State 
institutions.  Its  purpose  was  and  has  remained  in 
this  and  the  other  hospitals  a  two-fold  one :  the  cure 
of  the  curable,  and  the  restraint  of  those  who  could 
not  safely  be  allowed  their  liberty.  Consequently, 
idiots,  who  are  defective  from  birth,  were  not  ad- 
mitted, and  cured  patients  were  to  be  discharged  im- 
mediately. Incurables  and  harmless  insane  were 
discharged  when  there  was  need  of  room  for  more 
recent  cases.  Public  patients  were  supported  by  the 
county  of  their  residence  and  the  number  each  coun- 
ty was  entitled  to  send  was  in  proportion  to  the  num- 


SOCIAL  LEGISLATION  IN  REVISION  OF  1860  57 

ber  of  insane  persons  in  that  county.  Private  pa- 
tients were  also  admitted,  the  expense  in  their  case 
being  borne  b}^  the  relatives  or  friends  filing  the  ap- 
plication. When  for  any  reason  it  became  necessary 
to  discriminate  in  the  general  reception  of  patients 
recent  cases  were  given  preference  over  all  others; 
next,  chronic  cases  with  the  most  favorable  prospect 
of  recovery;  those  for  whom  application  had  been 
longest  on  file,  other  things  being  equal,  were  next 
preferred ;  and  finally,  when  cases  were  equally  mer- 
itorious, the  indigent  were  to  be  given  preference. 
Only  the  "insane",  or  persons  mentally  deranged 
were  to  be  admitted. 

Provision  was  made  for  the  care  by  local  author- 
ities of  pauper  idiots  and  dangerous  lunatics  not 
admitted  to  the  State  hospital,  and  they*  together 
with  indigent  persons  discharged  therefrom  were  to 
be  treated  in  the  same  manner  as  other  poor  persons. 
The  sum  of  fifty  dollars  a  year  might  be  paid  out  of 
the  county  treasury  for  the  support  of  an  idiot  or 
lunatic  not  cared  for  in  a  jail  or  poorhouse.  The 
treatment  of  insane  criminals  was  set  forth  at  some 
length.  The  hospital  was  under  the  supervision  of 
a  board  of  seven  trustees  who  appointed  a  medical 
superintendent  and  other  ''resident  officers". 
Monthly  visitation  by  one  or  more  of  the  trustees 
was  required. ^^ 

Provisions  were  also  made  for  the  appointment  of 
a  guardian  of  the  property  of  an  idiot  or  lunatic, 
who  should  also  be  the  guardian  of  the  minor  chil- 
dren of  his  ward.     In  this  case  the  probate  judge 


58  SOCIAL  LEGISLATION  IN  IOWA 

rather  than  a  jury  of  six  persons  had  jurisdiction 
to  decide  the  question  of  insanity.  Tlie  guardian 
was  empowered  to  sell  the  property  on  proper  oc- 
casions, to  complete  the  idiot's  contracts,  and  to  sue 
in  his  own  name.  He  was  governed  in  general  by 
the  laws  applicable  to  guardians  of  minors.^* 

Because  the  new  era  in  the  treatment  of  juvenile 
offenders,  which  had  been  heralded  by  the  establish- 
ment of  the  New  York  House  of  Refuge  in  1825,  had 
set  up  the  standard  that  to  send  children  to  prison 
with  adults  for  definite  terms  was  wrong  —  that  they 
should  be  treated  as  delinquents  and  not  as  crim- 
inals —  cities  of  the  first  class  in  Iowa  were  author- 
ized to  provide  houses  of  refuge  for  the  confinement 
of  delinquent  children  under  sixteen  years  of  age. 
For  persons  over  sixteen  years  such  cities  were  al- 
lowed to  maintain  a  workhouse.*^ 

It  was  at  this  time  also  that  cities  were  empowered 
to  maintain  jails  which  were  governed  by  the  same 
general  rules  as  those  of  counties,  and  such  special 
regulations  as  the  council  saw  fit  to  pass.  They 
were  under  the  jurisdiction  of  the  marshal.  The 
only  other  modification  of  the  law  affecting  jails 
contained  in  the  Revision  of  1860  was  that  a  judg- 
ment directing  the  defendant  to  be  imprisoned  until 
a  fine  was  satisfied  might  not  exceed  one  day  for 
every  three  and  one-third  dollars  of  the  fine.^® 

At  the  penitentiary  the  warden  was  made  sole 
manager,  in  place  of  the  board  of  inspectors,  subject 
to  the  supervision  of  the  Governor.  He  was  elected 
by  a  joint  ballot  of  the  General  Assembly  for  a  term 


SOCIAL  LEGISLATION  IN  REVISION  OF  1860  59 

of  two  years,  and  reqnired  to  p^ive  bond  to  tlie  State 
in  the  sum  of  $50,000.  The  Governor  could  remove 
him  and  fill  vacancies  in  the  office.  Under  this  sys- 
tem the  warden  appointed  all  subordinate  officers 
including  the  clerk.  He  w^as  required  to  make 
monthly  and  biennial  reports  to  the  Governor. 
Other  officers  were  a  clerk,  who  acted  as  comissary 
and  bookkeeper,  a  deputy  warden,  who  had  charge 
of  the  convict  labor,  a  chaplain  to  give  intellectual 
as  well  as  spiritual  instruction,  and  guards  not  ex- 
ceeding one  for  every  ten  convicts.  Overseers  wdth 
knowledge  and  skill  in  the  branches  of  labor  and 
manufacture  carried  on  in  the  prison  were  employed. 
The  penalties  for  negligence  or  unfaithfulness  in 
general  on  the  part  of  officers  remained  the  same; 
but  if  anyone  connected  with  the  penitentiary  should 
refuse  to  obey  any  order  or  rule  he  was  declared 
guilty  of  a  misdemeanor  and  fined  not  over  $1000, 
while  if  such  disobedience  should  result  in  the  escape 
of  any  convicts  or  the  loss  of  over  twenty  dollars  of 
the  funds  appropriated  for  the  use  of  the  prison  the 
culprit  was  to  be  punished  by  imprisonment  in  the 
penitentiary  from  two  to  ten  years.  The  Governor 
w^as  required  either  to  visit  the  penitentiary  once 
every  three  months  in  person  or  to  appoint  someone 
in  his  place." 

Perhaps  the  most  significant  feature  in  relation 
to  the  treatment  of  criminals  contained  in  the  Re- 
vision of  1860  —  in  the  light  of  present-day  concep- 
tions of  reform  methods  —  was  the  appearance  of 
the  first  scale  providing  for  the  dimunition  of  sen- 


60  SOCIAL  LEGISLATION  IN  IOWA 

tences  on  the  basis  of  good  conduct.  The  deputy 
warden  was  in  charge  of  the  arrangement.  Aside 
from  this  possibility,  however,  or  unless  he  was  par- 
doned, no  convict  could  be  discharged  from  the  pen- 
itentiary until  he  had  remained  the  full  term.  It 
was  permissible  to  lease  prisoners  to  be  worked  in 
shops  on  the  prison  grounds.^* 

The  Revision  of  1860  empowered  the  Governor  to 
remit  fines  and  to  grant  reprieves,  commutations, 
and  pardons  for  all  offenses  except  treason,  and  in 
that  event  he  could  suspend  the  execution  of  the  sen- 
tence until  the  case  could  be  reported  to  the  General 
Assembly.  He  was  required  to  report  to  the  Gen- 
eral Assembly  all  reprieves,  commutations,  and  par- 
dons granted,  with  his  reasons  therefor.  In  a  like 
manner  the  names  of  all  persons  in  whose  favor  fines 
had  been  remitted,  with  the  amount  in  each  case, 
were  to  reported.  When  application  for  a  pardon, 
reprieve,  commutation,  or  the  remission  of  a  fine  was 
made,  the  Governor  could  require  information  from 
the  trial  proceedings.  Returns  of  the  execution  of 
the  order  of  the  Governor  were  to  be  made  immedi- 
ately to  the  Secretary  of  State. *^ 

In  the  interest  of  the  laborer  mechanics'  liens 
were  extended  still  more  in  their  operation  and  made 
transferable.  Judgments  in  favor  of  a  laborer  or 
mechanic  for  his  wages  were  no  longer  subject  to 
the  ordinary  law  for  the  stay  of  execution.^" 

Public  health  was  further  safeguarded  by  allow- 
ing city  councils  (but  not  those  of  towns)  to  appoint 
boards  of  health  and  invest  them  with  powers  and 


SOCIAL  LEGISLATION  IN  REVISION  OF  1860  61 

duties  ''necessary  to  secure  tlie  city  and  the  inhab- 
itants thereof,  from  the  evils,  distresses  and  calami- 
ties, of  contagious,  malignant  and  infectious  dis- 
eases". Cities  and  towns  had  authority  to  abate 
nuisances,  and  were  required  to  keep  "all  public 
highways,  bridges,  streets,  alleys,  public  squares  and 
commons"  within  their  limits  free  from  nuisances. 
They  could  cause  stagnant  water  to  be  drained  off 
and  putrid  substances  to  be  removed  from  lots. 
Having  the  power  to  regulate  public  markets,  city 
authorities  were  to  seize  immediately  and  destroy 
any  tainted  or  unsound  meat  or  other  provisions 
offered  for  sale.  The  street  commissioners  con- 
trolled sewerage  and  sanitation. ^^ 

The  penalty  for  selling  unwholesome  provisions 
was  reduced  to  a  maximum  sentence  of  thirty  days 
imprisonment  or  $100  fine.  A  new  law  made  it  a 
felony  punishable  by  a  fine  not  exceeding  $500  or  b}" 
imprisonment  in  the  penitentiary  for  not  exceeding 
two  years  to  sell  or  keep  for  sale  any  drugged  or 
adulterated  malt  or  vinous  liquors.''' 

That  the  public  might  be  protected  from  the  dan- 
ger of  fire,  the  authorities  of  cities  and  towns  (for 
it  is  obviously  a  matter  resultant  upon  congested 
population)  were  given  power  to  regulate  the  con- 
struction of  buildings:  in  certain  cases  requiring 
them  to  have  non-combnstible  outer  walls.  They 
could  also  reg-ulate  the  transportation  and  storage  of 
combustibles.^^ 

Another  phase  of  fire  protection  is  to  be  found  in 
the  organization  and  control  of  fire  companies  and 


62  SOCIAL  LEGISLATION  IN  IOWA 

departments.  The  Revision  of  1860  gave  cities  and 
towns  power  to  organize,  equip,  and  maintain  fire 
companies.  To  encourage  the  organization  of  such 
companies  the  members  were  excused  from  military 
and  jury  service,  while  if  they  should  serve  ten  years 
faithfully  they  were  to  be  forever  exempt  from  mil- 
itary duty  in  time  of  peace,  from  serving  as  jurors, 
and  from  the  performance  of  labor  on  the  highways. 
It  was  made  a  penitentiary  offense  for  anyone  to  wil- 
fully destroy  or  injure  any  engine,  hose  carriage, 
hose,  hook  and  ladder  carriage,  or  other  thing  used 
for  the  extinguishment  of  fires,  and  for  the  removal 
of  fire  apparatus  without  authority  a  fine  of  from 
five  to  twenty  dollars  was  the  established  penalty. 
The  same  punishment  prevailed  in  the  case  of  those 
turning  in  false  fire  alarms.^* 

A  new  road  rule  required  vehicles  when  meeting 
to  turn  to  the  right.  Cities  and  towns  were  respon- 
sible for  keeping  the  highways,  bridges,  streets,  and 
alleys  within  their  limits  in  repair.  They  could  also 
prevent  and  punish  fast  driving  through  the  streets. 
Furthermore,  railroads  were  obliged  to  erect  warn- 
ing signs  at  crossings:  and  for  damaging  railroad 
property  or  obstructing  the  track  so  that  death 
might  be  caused  thereby  one  could  be  sentenced  to 
serve  a  term  of  from  two  years  to  life  in  the  pen- 
itentiary.^^ 

The  penalty  for  the  failure  of  apothecaries  to  label 
poisons  was  changed  from  a  fine  of  from  $20  to  $100 
to  imprisonment  in  the  county  jail  for  not  over  thirty 
days  or  a  fine  not  exceeding  $100.^® 


SOCIAL  LEGISLATION  IN  REVISION  OF  1860  63 

In  matters  pertaining  to  public  morality  there 
were  some  important  modifications  and  additions  in 
the  Revision  of  1860  —  the  changes  in  the  penalties 
prescribed  being  particularly  obvious.  There  were 
many  instances  of  reduction  in  the  length  of  jail 
terms.  The  list  of  offenses  against  the  lives  and 
persons  of  individuals  was  increased  by  the  addition 
of  feticide,  for  which  the  penalty  prescribed  was 
imprisonment  for  not  longer  than  one  year  in  jail 
and  a  fine  not  exceeding  $1000.  The  punishment  for 
assault  and  battery  was  reduced  from  possible  im- 
prisonment for  six  months,  a  fine  of  $200,  or  both,  to 
imprisonment  for  not  exceeding  thirty  days,  a  fine  of 
not  over  $100,  or  both." 

Breach  of  the  Sabbath,  declared  to  consist  of  en- 
gaging in  any  "riot,  fighting,  or  offering  to  fight,  or 
hunting,  shooting,  carrying  fire  arms,  fishing,  horse 
racing,  dancing,  or  in  any  manner  disturbing  any 
worshiping  assembly,  a  private  family,  or  in  buying 
or  selling  property  of  any  kind,  or  in  any  labor,  (the 
work  of  necessity  and  charity  only  excepted,) ",  was 
to  be  punished  by  a  fine  of  from  one  to  five  dollars. 
The  maximum  penalty  for  fighting  was  changed 
from  a  $50  fine  or  three  months  imprisonment  to  a 
$100  fine  or  thirty  days  in  jail,  while  that  for  un- 
lawful assembly  and  rioting  to  the  disturbance  of 
others  was  changed  from  a  year  of  imprisonment  or 
a  fine  of  $500  to  thirty  days  confinement  or  $100  fine. 
The  penalty  for  exciting  a  disturbance  in  a  peaceful 
gathering  was  reduced  to  a  maximum  fine  of  $100  or 
thirty  days  in  jail.     Cities  and  towns  had  power  to 


64  SOCIAL  LEGISLATION  IN  IOWA 

prevent  any  riots,  noise,  disturbance,  or  disorderly 
assemblages.  The  maximum  fine  for  disturbing 
worshiping  congregations  was  raised  from  $50  to 
$100,  and  the  punishment  for  selling  intoxicating 
liquor  within  a  mile  of  such  a  meeting  was  increased 
from  a  fine  of  $50  to  one  of  $100  with  the  optional 
penalty  of  spending  thirty  days  in  jail.''* 

For  selling  or  distributing  immoral  literature  the 
penalty  was  changed  from  a  fine  of  $200  to  imprison- 
ment for  thirty  days  or  a  fine  of  $100.  Cities  and 
towns  were  empowered  to  regulate  houses  of  public 
entertainment  and  to  regulate  or  prohibit  all  theat- 
rical performances  except  lectures  on  scientific,  his- 
torical, or  literary  subjects;  while  circuses  and 
shows  were  obliged  to  obtain  a  license  from  the 
county  judge  or,  if  the  ordinances  of  a  city  or  town 
required  it,  from  the  municipal  authorities.''^ 

Among  the  offenses  against  chastity  the  crime  of 
incest  was  defined  and  the  punishment  of  serving 
from  one  to  ten  years  in  the  penitentiary  was  pre- 
scribed. Cities  and  towns  could  suppress  and  re- 
strain disorderly  houses  and  houses  of  ill  f  ame.^"" 

The  foundation  for  the  present  law  in  Iowa  pro- 
hibiting the  sale  and  manufacture  of  intoxicating 
liquor  was  contained  in  the  Revision  of  1860.^"^  For 
the  first  offense  of  manufacturing  liquor  a  penalty 
of  $100  fine  and  the  costs  of  prosecution  obtained, 
for  the  second  offense  there  was  a  fine  of  $200  and 
costs,  and  upon  subsequent  convictions  the  punish- 
ment of  $200  fine  and  costs  and  imprisonment  in  jail 


SOCIAL  LEGISLATION  IX  REVISION  OF  1860  65 

for  ninety  days  prevailed.  The  sale  of  liquor  or  the 
owning  of  it  with  intent  to  sell  involved  for  the  first 
offense  a  fine  of  $20  and  the  costs  of  prosecution,  for 
the  second  $50  and  costs,  and  for  subsequent  convic- 
tions the  fine  was  $100  and  costs  accompanied  by  im- 
prisonment for  from  three  to  six  months.  Whoever 
erected  or  used  a  building  for  the  sale  of  liquor  was 
declared  to  be  guilty  of  a  nuisance  and  subject  to 
prosecution  accordingly;  while  the  building,  as  a 
nuisance,  could  be  abated.  Authority  was  also 
given  to  issue  search  warrants  for  the  seizure  of 
liquor  believed  to  be  kept  and  sold  illegally,  to  try 
the  case,  and  to  destroy  the  liquor  and  the  vessels 
containing  it  if  the  case  against  the  offender  was 
proved.  Contracts  for  the  illegal  sale  of  liquor  were 
void.  Peace  officers  were  entrusted  with  the  en- 
forcement of  the  liquor  regulations,  w^hile  courts  and 
jurors  were  requested  to  so  interpret  them  as  to  pre- 
vent evasion.  Cities  and  towns  could  regulate  the 
sale  of  intoxicating  liquor  subject  to  the  provisions 
of  these  laws. 

If,  however,  a  person  should  procure  the  certifi- 
cate of  twelve  citizens  of  the  township  of  his  resi- 
dence that  he  was  of  good  moral  character,  a  citizen 
of  the  State,  and  a  resident  of  the  county,  upon  giv- 
ing a  bond  of  $1000  he  might  be  granted  a  permit  to 
buy  and  sell  liquor  for  mechanical,  medical,  culinary, 
and  sacramental  purposes,  provided  such  a  person 
was  not  proprietor  of  a  hotel,  saloon,  eating-house, 
grocery  store,  or  confectionery.     Common  carriers 


66  SOCIAL  LEGISLATION  IN  IOWA 

were  forbidden  to  bring  into  the  State  any  intox- 
icating liquor  without  a  certificate  showing  the  con- 
signee to  be  a  permit-holder. 

Furthermore,  one  amendatory  section  in  the  Re- 
vision of  1860  amounted  practically  to  the  nullifica- 
tion of  the  principle  of  prohibition  for  it  legalized 
the  manufacture  and  sale  of  beer,  cider,  and  wine/''^ 

The  punishment  for  becoming  intoxicated  was  a 
fine  of  ten  dollars,  the  costs  of  prosecution,  and  im- 
prisonment in  jail  for  thirty  days ;  but  the  offender 
could  be  discharged  if  he  gave  information  of  whom, 
when,  and  where  he  obtained  the  liquor  which  pro- 
duced the  intoxication/"^ 

In  the  hope  of  suppressing  gambling,  cities  and 
towns  were,  in  the  Revision  of  1860,  empowered  to 
restrain  the  operation  of  ''billiard  tables,  nine  or 
ten  pin  alleys,  or  tables  and  ball  alleys,  and  to  au- 
thorize the  destruction  of  all  instruments  or  devices 
used  for  purposes  of  gaming".  As  stated  above 
they  could  regulate  houses  for  public  entertainment. 
Gambling  and  betting  was  punishable  by  a  fine  not 
exceeding  $100  or  by  imprisonment  in  jail  for  not 
longer  than  thirty  days,  instead  of  six  months  as 
formerly.  The  penalty  for  making  a  lottery,  for 
advertising  or  selling  lottery  tickets,  or  for  the  pos- 
session of  any  such  tickets  was  reduced  from  a  max- 
imum jail  term  of  a  year,  a  fine  of  $1000  or  both,  to  a 
jail  term  of  thirty  days,  a  fine  of  $100  or  both.^"* 

To  the  former  penalty  of  $100  fine  for  cruelty  to 
animals  there  was  added  the  optional  punishment  of 
thirty  days  in  jail.^''^ 


SOCIAL  LEGISLATION  IX  REVISION  OF  1860  67 

In  the  Revision  of  1860  there  were  no  ^reat 
changes  in  the  law  governing  domestic  relations. 
The  eighth  cause  for  divorce  —  that  of  failing  to 
live  in  peace  and  happiness  together  —  was  re- 
moved. Desertion  for  a  space  of  two  years,  in- 
stead of  one  year,  was  required  before  a  divorce 
could  be  granted  on  that  score.  The  marriage  or  re- 
marriage of  divorced  persons  was  made  possible. 
Guardians  of  minors  were  compelled,  on  penalty  of  a 
fine  of  fifty  dollars,  to  appear  before  the  county 
judge  annually  and  render  an  account  of  all  money 
and  other  property  in  their  possession  belonging  to 
such  minors. ^'"^ 

A  law  regulating  adoption  gave  the  privilege  to 
any  person  competent  to  make  a  will,  but  consent 
first  had  to  be  obtained  from  one  or  both  of  the  par- 
ents if  they  were  living,  and  if  not  then  from  the 
mayor  if  the  child  lived  in  a  city,  or  otherwise  from 
the  county  judge.  The  instrument  of  adoption  was 
to  be  acknowledged  and  recorded  in  the  same  man- 
ner as  deeds.  The  relations  of  an  adopted  child  and 
its  foster  parents  were  to  be  the  same,  including  the 
right  of  inheritance,  as  those  between  parent  and 
child  of  lawful  birth.  In  case  of  maltreatment  or 
neglect  on  the  part  of  the  foster  parent  an  adopted 
child  could  be  removed  bv  an  order  of  the  court. ^"^ 


VI 

SOCIAL  LEGISLATION  IN  THE  CODE  OF  1873 

The  third  codification  of  the  laws  of  Iowa  was 
made  in  1873.  During  the  interval  between  the 
adoption  of  the  Revision  of  1860  and  the  Code  of 
1873  the  most  outstanding  feature  of  social  legisla- 
tion was  the  establishment  of  many  of  the  charitable 
and  penal  institutions  of  the  State.  As  govern- 
mental ministration  of  charity  has  developed  the 
segregation  of  the  various  classes  of  dependents  and 
defectives  into  special  institutions  has  come  to  be  the 
accepted  mode  of  treatment.  Institutions  for  the 
care  of  the  blind,  the  deaf  and  dumb,  the  feeble- 
minded, and  orphans  are  provided  mainly  for  chil- 
dren and  are  largely  educational  in  character ;  while 
the  insane,  the  inebriates,  the  epileptics,  and  crip- 
ples are  indebted  to  the  State  primarily  for  medical 
treatment.  It  was  during  this  period  that  the  prin- 
ciple of  State  care  of  defective  and  dependent  classes 
in  institutions  became  the  settled  policy  of  Iowa. 

It  was  in  connection  with  poor  relief  that  a  seem- 
ingly minor  alteration  portrayed  significantly  the 
change  of  the  social  attitude  of  the  time.  Persons 
other  than  white  people  were  allowed  to  gain  a  set- 
tlement for  the  benefit  of  receiving  public  aid  in 
time  of  need.     In  regard  to  the  support  of  pauper 

68 


SOCIAL  LEGISLATION  IN  CODE  OF  1873      69 

relatives  the  law  made  '' grandparents"  rather  than 
the  ''grandfather"  responsible.  Likewise  the  prop- 
erty of  a  wife  guilty  of  abandonment,  as  well  as  that 
of  a  father,  mother,  or  husband,  was  subject  to  seiz- 
ure by  the  county  for  the  support  of  a  poor  person 
so  abandoned."^ 

There  was  but  one  other  modification  in  the  poor 
laws  at  this  time.  In  townships  embracing  within 
their  limits  a  city  of  the  first  or  second  class  the 
county  board  of  supervisors  was  permitted  to  ap- 
point an  overseer  of  the  poor.  Such  city  overseers, 
or  the  township  trustees  as  the  case  might  be,  were 
allowed  upon  application,  with  the  approval  of  the 
board  of  supervisors,  to  provide  outdoor  relief  to 
poor  persons  within  their  jurisdiction  to  the  amount 
of  two  dollars  a  week  for  each  person,  exclusive  of 
medical  attendance.  The  relief  might  be  either  in 
the  form  of  food,  rent,  clothing,  fuel,  lights,  medical 
attendance,  or  money.  The  funds  for  this  relief 
were  to  be  supplied  from  the  county  treasury,  but 
the  board  of  supervisors  could  limit  the  amount  of 
relief  thus  afforded.  In  no  case  were  the  ''widows 
or  families  of  Iowa  soldiers,  or  other  persons  in  fam- 
ilies requiring  public  relief"  to  be  sent  to  the  poor- 
house  when  they  could  and  preferred  to  be  relieved 
outside  to  the  above  extent.^"® 

Any  of  the  several  counties  were  authorized  to 
provide  soldiers'  orphans'  homes  which  were  made 
necessary  by  the  fatalities  of  the  Civil  War.  These 
homes,  with  a  superintendent  directly  in  charge, 
were  under  the  control  of  a  State  board  composed 


70  SOCIAL  LEGISLATION  IN  IOWA 

of  one  trustee  from  each  county  in  which  there  was 
such  a  liome  and  one  from  the  State  at  large.  The 
functions  of  the  homes  were  chiefly  educational  in 
character.  Ten  dollars  monthly  for  each  child  actu- 
ally supported,  together  with  the  expenses  of  their 
transmission  to  the  homes,  was  appropriated  by  the 
State  for  the  support  of  such  institutions,  the  num- 
ber of  children  being  determined  by  the  average 
number  of  inmates  during  the  previous  month.  The 
various  boards  of  supervisors  were  authorized  to 
levy  a  tax  not  exceeding  one-half  a  mill  on  the  dollar 
to  constitute  a  "soldiers'  county  orphan  fund" 
which  should  be  used  for  the  maintenance  and  edu- 
cation of  destitute  orphans.  Assessors  were  to  make 
enumerations  of  the  orphans  of  deceased  soldiers. 
Any  child,  with  the  approval  of  its  parents  or  guard- 
ian, could  be  adopted  by  any  citizen  of  the  State,  but 
the  articles  of  adoption  were  subject  to  cancellation 
by  the  board  of  trustees.  All  children  of  proper  age 
or  those  who  themselves  or  through  their  mother 
had  sufficient  means  of  support  could  be  dis- 
charged.^^° 

The  College  for  the  Blind  located  at  Vinton  was, 
like  all  other  State  charitable  and  penal  institutions 
at  that  time  under  the  management  of  a  local  board 
of  trustees,  six  in  number,  who  appointed  the  prin- 
cipal, teachers,  and  other  employees,  fixed  their  sal- 
aries, and  exercised  general  supervision.  ''All 
blind  persons,  residents  of  this  state,  of  suitable  age 
and  capacity,"  were  entitled  to  an  education  there. 
Non-residents  were  also  admitted,  if  they  could  be 


SOCIAL  LEGISLATION  IN  CODE  OF  1873      71 

acooininodatcfl,  upon  tlie  payment  of  forty  dollars 
quarterly.  Pupils  were  supplied  with  clothing  but 
at  their  own  expense  if  they  were  of  age,  and  if  not 
of  age  the  account  was  charged  to  their  parents  or 
guardian,  to  be  collected  by  the  authorities  of  the 
proper  county.  For  the  ordinary  and  contingent 
expenses  of  the  institution  $8000  was  appropriated 
annually,  and  for  current  expenses  not  exceeding 
forty  dollars  quarterly  for  each  resident  pupil,  A 
report  by  the  principal  to  the  Governor,  including 
the  number  of  pupils,  with  the  name,  age,  sex,  res- 
idence, place  of  nativity,  and  cause  of  blindness  of 
each,  the  studies  pursued,  the  trades  taught,  and  a 
statement  of  all  expenditures  was  required  before 
each  regular  session  of  the  General  Assembly.  In 
connection  with  the  College  for  the  Blind  there  was 
also  an  industrial  home  in  which  indigent  blind  per- 
sons —  not  of  suitable  age  and  capacity  for  educa- 
tion —  could  support  themselves."^ 

Almost  identical  with  the  College  for  the  Blind  in 
its  organization  was  the  Institution  for  the  Deaf  and 
Dumb  at  Council  Bluffs.  The  school  was  under  the 
complete  control  of  a  board  of  five  trustees.  The 
terms  of  admission  were  such  that  any  citizen  of  the 
State  who  M^as  deaf  and  dumb  and  of  suitable  age 
and  capacity  could  be  admitted  free,  and  similarly 
qualified  non-residents  were  allowed  to  enter,  upon 
the  payment  of  forty  dollars  quarterly.  Each  coun- 
ty superintendent  of  common  schools  in  the  State 
was  required  to  report  to  the  institution  annually 
the  name,  age,  and  address  of  every  deaf  and  dumb 


72  SOCIAL  LEGISLATION  IN  IOWA 

person  in  his  county  between  five  and  twenty-one 
years  of  age,  including  those  too  deaf  to  acquire  an 
education  in  the  ordinary  schools.  The  superin- 
tendent of  the  school  for  the  deaf  and  dumb  report- 
ed to  the  Governor  biennially  the  number  of  pupils, 
their  name,  age,  sex,  residence,  place  of  nativity, 
cause  of  deafness,  the  studies  pursued,  the  trades 
taught,  and  the  financial  status  of  the  institution. 

Expenses  for  clothing  were  to  be  met  in  the  first 
instance  by  the  institution  and  charged  to  the  par- 
ents or  to  the  inmate  if  he  had  reached  his  majority, 
and  collected  by  the  county  of  his  residence,  unless 
it  were  reliably  shown  that  such  a  collection  would 
work  a  hardship.  The  State  held  the  county  re- 
sponsible, however,  for  the  amount  due.  The  ordi- 
nary expenses  were  met  by  an  annual  appropriation 
of  $12,000,  while  current  expenses  were  covered  by 
an  appropriation  of  forty  dollars  a  quarter  for  each 
pupil  in  the  institution.^" 

Two  State  hospitals  for  the  insane  were  provided 
for  in  the  Code  of  1873,  one  located  at  Mount  Pleas- 
ant and  the  other  at  Independence."^  Each  was 
operated  under  the  direction  of  five  trustees,  two 
of  whom  might  be  women.  Quarterly  meetings  were 
held  and  monthly  visitation  made  either  by  the  board 
itself  or  by  a  committee  from  the  board.  Another 
visiting  committee  of  three  members,  appointed  by 
the  Governor,  was  to  make  monthly  inspection  of 
both  hospitals  and  report  annually  to  the  Governor. 
It  had  full  power  to  make  a  detailed  inspection  and 
to  correct  and  punish  all  mistreatment  of  inmates  — 


SOCIAL  LEGISLATION  IN  CODE  OF  1873      73 

thus  proving  itself  to  be  a  highly  beneficial  system."* 
The  law  required  biennial  reports  to  be  made  to 
the  Governor  preceding  regular  sessions  of  the  Gen- 
eral Assembly.  The  local  boards  of  trustees  also 
appointed  the  officers  of  the  hospitals  and  deter- 
mined their  salaries.  Each  hospital  was  under  the 
immediate  control  of  a  superintendent  who  was  re- 
quired to  be  a  physician  of  acknowledged  skill  and 
ability.  The  local  treasurer  drew  money  for  cur- 
rent expenses  from  the  State  treasury,  but  not  more 
than  twenty  dollars  a  month  for  each  public  patient, 
figured  on  the  basis  of  the  average  number  present 
on  the  fifteenth  day  of  each  preceding  month.  The 
chief  duty  of  the  steward  was  to  make  purchases  of 
supplies  and  to  superintend  the  farm  in  connection 
with  the  institution. 

The  time-honored  arrangement  of  determining  in- 
sanity by  a  jury  was  replaced  at  this  time  by  a  more 
equitable  system.  There  was  in  every  county  a 
board  of  three  commissioners  of  insanity,  consisting 
of  the  clerk  of  the  court,  a  physician,  and  a  lawyer. 
They  had  ''cognizance  of  all  applications  for  admis- 
sion to  the  hospital,  or  for  the  safe  keeping  other- 
wise of  insane  persons  within  their  respective  coun- 
ties". 

Upon  the  subject  of  admission  it  was  provided 
that  the  application  should  be  in  the  form  of  infor- 
mation certifying  that  the  person  was  believed  to  be 
insane,  was  a  fit  subject  for  treatment  in  a  State  hos- 
pital, and  was  to  be  found  in  the  county.  LTpon  the 
receipt  of  such  information  the  commissioners  were 


74  SOCIAL  LEGISLATION  IN  IOWA 

to  make  investigations,  including  testimony  pro  and 
con  and  an  examination  by  a  physician.  If  insane, 
a  fit  subject  for  treatment  in  a  liospital,  and  of  legal 
residence  in  their  county,  the  commissioners  were  to 
commit  such  a  person  to  the  proper  hospital,^'^  and 
the  patient  was  conveyed  there  by  the  sheriif,  his 
deputy,  or  a  suitable  relative  or  friend.  When  it 
was  found  that  an  insane  person  committed  to  a  hos- 
pital had  a  legal  residence  in  a  county  other  than  the 
one  from  which  the  commitment  was  made,  that 
county  was  so  notified. 

Private  patients  not  admitted  to  a  hospital,  but 
who  were  dangerous,  were  to  be  cared  for  and  re- 
strained by  relatives  or  guardians,  while  public  pa- 
tients similarly  situated  were  placed  under  the  au- 
thority of  the  board  of  supervisors  and  confined  in 
the  poorhouse  or,  if  there  was  none,  in  some  suitable 
place  or  in  the  county  jail.  Insane  persons  who  did 
not  seek  admittance  to  a  State  hospital  were  to  re- 
ceive similar  treatment  and  custody  within  the  coun- 
ty. If  an  insane  person  was  suffering  from  want  of 
care  it  was  the  duty  of  the  commissioners  of  insanity 
to  make  all  needful  provisions  and  they  could  re- 
move all  private  and  public  patients  outside  of  a  hos- 
pital for  the  insane  to  such  an  institution. 

An  insane  person  held  in  prison,  charged  but  not 
yet  indicted  or  convicted  of  a  crime,"®  was  to  be  re- 
moved to  a  hospital  after  an  investigation  and  kept 
there  until  his  reason  was  restored.  Should  a  con- 
vict become  insane  the  Governor  had  power  to  order 
him  removed  to  a  hospital  for  the  insane  until  his 


SOCIAL  LEGISLATION  IX  CODE  OF  1873      75 

reason  was  restored,  after  which  he  might  be  re- 
quired to  complete  his  term  in  prison. 

In  case  it  was  necessary  to  discriminate  in  the  re- 
ception of  patients  the  same  rule  of  preference  ob- 
tained as  was  prescribed  in  the  Revision  of  1860. 

The  county  where  a  patient  had  a  legal  residence 
was  made  immediately  liable  for  his  support  and  the 
board  of  supervisors  was  authorized  to  levy  annual- 
ly a  tax  for  that  purpose.  Expenses  incurred  by  one 
county  on  account  of  an  insane  person  whose  legal 
residence  was  in  another,  were  to  be  refunded  with 
interest  by  the  county  of  his  residence.  Those  hav- 
ing no  legal  residence  in  Iowa,  or  whose  residence 
could  not  be  ascertained,  were  to  be  supported  by 
the  State. 

While  provision  was  made  for  the  support  of  the 
insane  at  pul)lic  expense,  that  did  not  release  their 
estates  nor  those  of  their  relatives  from  liability, 
but  the  board  of  supervisors  if  they  should  deem  it 
humane  and  proper,  might  relieve  the  estate  or  rel- 
atives from  part  or  all  of  such  liability.  Friends 
or  relatives  were  allowed  to  provide  special  care  for 
patients  and  pay  all  or  part  of  their  expenses.  A 
weekly  sum  not  exceeding  three  dollars  and  twenty 
cents  was  charged  for  board  and  care. 

It  was  provided  that  whenever  cause  for  the  treat- 
ment of  a  person  for  insanity  in  a  State  hospital 
should  cease  to  exist  such  a  person  should  be  dis- 
charged, and  suitable  clothes  and  a  sum  of  money 
not  exceeding  twenty  dollars  were  to  be  furnished 
to  him.     Incurable  and  harmless  patients  might  be 


76  SOCIAL  LEGISLATION  IN  IOWA 

discharged  at  tlie  request  of  relatives  or  in  order  to 
make  room  for  more  recent  cases,  but  when  that  was 
done  the  commissioners  of  insanity  in  the  county  to 
which  they  were  sent  were  to  provide  for  them. 

If  a  patient  in  a  hospital  for  the  insane  were 
thought  to  be  sane,  a  commission  of  three  members, 
appointed  by  a  judge  of  the  district  court,  was  to 
investigate,  and  upon  its  findings  the  judge  was  to 
decide  whether  or  not  the  person  should  be  released 
or  remain  in  the  hospital.  The  same  person  was  not 
eligible  for  such  proceedings  oftener  than  once  in  six 
months.  Persons  confined  as  insane  were  entitled  to 
the  benefits  of  the  writ  of  habeas  corpus. 

Anyone  mistreating  an  insane  person  was  declared 
to  be  guilty  of  a  misdemeanor  and  liable  for  dam- 
ages. If  a  patient  in  a  hospital  for  the  insane  should 
die  suddenly  and  mysteriously  it  was  required  that  a 
coroner's  inquest  should  be  held.^^^  An  escaped  in- 
mate of  a  hospital  for  the  insane  was  to  be  located 
soon  or  the  commissioners  of  insanity  of  the  county 
in  which  such  a  person  had  residence  were  to  be  noti- 
fied. If  found  in  that  county,  the  patient  was  to  be 
returned  or  provided  for  otherwise  by  the  commis- 
sioners. 

Inmates  were  allowed  to  write  to  members  of  the 
State  visiting  committee,  or  to  any  other  person,  but 
their  letters,  with  the  exception  of  one  each  week, 
were  subject  to  inspection.  Letters  coming  to  pa- 
tients were  to  be  delivered  by  the  superintendent 
without  inspection  provided  they  had  been  forwarded 
by  the  visiting  committee.     But  if  any  officer  should 


SOCIAL  LEGISLATION  IN  CODE  OF  1873      77 

violate  any  of  the  provisions  relating  to  letter-writ- 
ing he  became  liable  to  a  fine  of  not  exceeding  $1000, 
imprisonment  in  the  penitentiary  for  not  over  three 
years,  or  both  the  fine  and  imprisonment. 

The  provisions  in  the  Revision  of  1860  which  gov- 
erned the  appointment  of  guardians  for  idiots  and 
lunatics  were  extended  to  include  persons  of  ''un- 
sound mind",  spendthrifts,  and  habitual  drunkards 
incapable  of  managing  their  own  affairs.  The  prior- 
ity of  claim  to  the  custody  of  such  a  person  was: 
first,  the  legally  appointed  guardian,  then  the  hus- 
band or  wife,  next  the  parents,  and  finally  the  chil- 
dren."^ 

By  no  means  the  least  significant  measure  of  so- 
cial reform  in  the  laws  relating  to  the  treatment  of 
criminals  was  the  abolition  in  1872  of  capital  pun- 
ishment, the  alternative  of  the  death  penalty  being 
life  imprisonment  at  hard  labor.  Bail,  however, 
was  still  denied  offenders  guilty  of  treason  and  mur- 
der —  the  only  two  crimes  ever  punishable  by  death 
in  Iowa."® 

The  law  declaring  it  proper  to  keep  prisoners  con- 
fined in  jail  at  hard  labor  was  amended  to  the  effect 
that  only  those  convicts  between  the  ages  of  sixteen 
and  fifty  could  be  so  required  to  work.  This  labor 
was  to  be  done  on  the  highways,  public  grounds,  or 
public  buildings  under  the  direction  of  the  sheriff  or 
marshal,  according  to  whether  the  imprisonment  was 
for  the  violation  of  a  State  statute  or  a  city  ordi- 
nance. Prisoners  could  not,  however,  be  made  to 
work  more  than  eight  hours  a  day  and  one  dollar 


78  SOCIAL  LEGISLATION  IN  IOWA 

and  fifty  cents  a  day  was  accredited  to  those  against 
whom  there  was  a  judgment  for  fine  and  costs.  The 
statute  providing  for  the  liberation  at  the  end  of 
thirty  days  of  any  poor  persons  imprisoned  until  a 
fine  was  paid  was  abrogated  in  cases  where  the  judg- 
ment could  be  satisfied  by  the  labor  of  such  persons. 
Should  a  prisoner  try  to  escape  while  at  work  he 
could  be  placed  in  solitary  confinement  and  while 
there  the  time  was  not  considered  a  part  of  that  for 
which  he  was  sentenced.  But  for  cruel  treatment 
of  prisoners,  officers  or  those  in  charge  could  be  pun- 
ished by  a  fine  of  not  exceeding  $1000,  imprisonment 
in  jail  for  not  over  a  year,  or  both ;  while  anyone  who 
insisted  upon  insulting  prisoners  at  labor  could  be 
fined  not  more  than  ten  dollars  or  imprisoned  not 
longer  than  three  days.^"° 

The  Code  of  1873  increased  the  penalty  for  officers 
who  voluntarily  permitted  the  escape  of  one  charged 
or  convicted  of  any  public  offense  other  than  a  felony 
from  a  fine  of  $500,  imprisonment  in  jail  for  a  year, 
or  both,  to  one  involving  both  fine  and  imprison- 
ment —  the  fine  not  exceeding  $1000  and  the  term  of 
imprisonment  not  exceeding  five  years  in  the  peni- 
tentiary. The  same  penalty  was  attached  to  the  of- 
fense of  aiding  a  prisoner  to  escape  from  an  officer. 
Incidental  to  the  abolition  of  capital  punishment  life 
imprisonment  became  the  rule  in  the  case  of  the 
major  felonies,  but  the  penalty  for  allowing  pris- 
oners charged  or  convicted  of  such  a  crime  to  escape 
remained  the  same.^"^ 

It  was  the  Fourteenth  General  Assembly  in  1872 


SOCIAL  LEGISLATION  IX  CODE  OF  1873      79 

that  ('sta])lisli(Ml  tlio  second  pcnitoiitiary  in  Iowa,  **at 
or  near  the  stone  quarries  near  Ananiosa".  Convict 
labor  was  to  be  used  in  the  erection  of  the  new  plant ; 
and  provision  was  made  that  for  every  hundred  dol- 
lars worth  of  labor  performed  in  excess  of  three  hun- 
dred dollars  during  a  year  the  convict's  sentence 
should  be  reduced  fifty  days,  and  that  there  should 
be  paid  to  the  convict  upon  his  discharge  one-third 
of  the  excess  thus  earned. '" 

In  the  administration  of  the  penitentiary  and  the 
treatment  of  convicts  no  momentous  changes  were 
effected.  Provision  was  made  for  the  employment 
of  a  prison  physician  and  a  steward.  Not  more  than 
one  guard  for  every  ten  convicts  at  the  Fort  Mad- 
ison penitentiary  were  to  be  appointed,  but  the  num- 
])er  was  never  to  be  less  than  thirteen.  When  the 
penitentiary  at  Anamosa  was  opened  the  ratio  of 
guards  and  prisoners  there  was  made  one  to  eight. 
Convicts  upon  release  were  to  be  furnished  trans- 
portation to  the  point  in  the  State  nearest  their  home 
or  friends,  a  suit  of  connnon  clothing,  and  a  sum  of 
money  between  three  and  five  dollars.  There  was 
a  change  in  the  salaries  of  most  of  the  officers ;  while 
the  sum  of  eight  and  one-third  dollars  a  month  was 
appropriated  for  the  general  support  of  each  con- 
vict, but  this  allowance  was  subject  to  the  deduction 
of  the  amount  charged  to  the  contractors  of  convict 
labor  for  that  month. ^-^ 

The  pardoning  power  of  the  Governor  was  some- 
what restrained  at  this  time  by  the  stipulation  that 
before  a  pardon  could  be  granted  in  the  case  of  a 


80  SOCIAL  LEGISLATION  IN  IOWA 

person  convicted  of  murder  in  tlie  first  degree  the 
Governor  was  obliged  to  act  upon  the  advice  of  the 
General  Assembly,  and  before  he  could  present  such 
a  proposition  to  that  body  he  was  required  to  publish 
his  reasons  for  granting  the  pardon  in  a  paper  pub- 
lished in  Des  Moines  and  one  published  in  the  county 
where  the  conviction  was  had,  for  four  consecutive 
weeks,  the  last  issue  appearing  twenty  days  before 
the  General  Assembly  convened/^* 

In  accord  with  the  accepted  doctrine  that  juvenile 
offenders  should  be  reformed  and  not  condemned  to 
the  hopeless  existance  of  adult  criminals,  the  Code  of 
1873  records  the  establishment  of  the  Eeform  School 
at  Eldora  to  be  maintained  for  the  reformation  of 
boys  and  girls  under  eighteen  years  of  age.  In  this 
institution  delinquent  children  were  to  be  ''instruct- 
ed in  piety  and  morality,  and  in  such  branches  of 
useful  knowledge  as  are  adapted  to  their  age  and 
capacity,  and  in  some  regular  course  of  labor,  either 
mechanical,  manufacturing,  or  agricultural,  as  is 
best  suited  to  their  age,  strength,  disposition,  and 
capacity,  and  as  may  seem  best  adapted  to  secure  the 
reformation  and  future  benefit  of  the  boys  and 
girls."  ^^^ 

The  government  of  the  Eeform  School  and  the  ap- 
pointment and  removal  of  officers  was  in  the  hands 
of  a  board  of  five  trustees.  They  were  to  visit  the 
institution  once  a  month  and  report  to  the  General 
Assembly  every  two  years.  The  superintendent 
also  was  required  to  report.  He  was  in  immediate 
control  of  the  institution,  and  it  was  his  duty  to  keep 


SOCIAL  LEGISLATION  IN  CODE  OF  1873      81 

the  books  and  records  of  the  institution,  to  ''disci- 
pline, govern,  instruct,  employ,  and  use  his  best  en- 
deavors to  reform  the  inmates  in  such  manner  as, 
while  preserving  their  health,  will  secure  the  promo- 
tion, as  far  as  possible,  of  moral,  religious,  and  in- 
dustrious habits,  and  regular  thorough  progress  and 
improvement  in  their  studies,  trades,  and  employ- 
ment." The  superintendent  was  required  to  give 
bond  for  the  faithful  performance  of  his  duties. ^^® 

Any  children  under  eighteen  years  of  age  could  be 
committed,  until  they  arrived  at  their  ''majority", 
by  any  court  of  record  if  the  crime  did  not  consist  of 
murder.  If,  however,  the  child  was  thought  to  be  an 
unfit  subject  for  the  school  or  if  he  should  appeal 
from  the  decision  of  confinement,  the  judge  was  to 
return  such  a  child  to  the  magistrate,  to  be  dealt  with 
according  to  law.^"  The  exigency  of  a  parent  or 
guardian  complaining  that  a  child  was  vagrant,  dis- 
orderly, or  incorrigible  was  met  by  permitting  the 
court,  with  the  consent  of  the  parent,  to  order  such 
a  child,  if  innocent  of  crime,  to  be  sent  to  the  Reform 
School  until  he  or  she  should  attain  the  age  of  major- 
ity, but  the  parent  or  guardian  could  be  compelled  to 
guarantee  the  payment  of  the  expenses  of  the  trial, 
transportation  to  the  Reform  School,  and  support 
there."® 

The  board  of  trustees  had  power  to  bind  out  boys 
and  girls,  with  the  consent  of  the  parents  or  guard- 
ian, by  written  indenture  for  any  length  of  time  not 
extending  beyond  majority.  Careful  watch  was  to 
be  kept  and  if  the  obligations  were  not  faithfully  ob- 


82  SOCIAL  LEGISLATION  IN  IOWA 

served  the  indenture  could  be  cancelled  and  the  child 
returned  to  the  school.  Boys  and  girls  could  not  be 
discharged  until  they  had  been  at  the  school  a  year, 
but  at  any  time  after  that  they  might  be  released 
upon  satisfactory  evidence  of  reformation.  When 
bound  out  or  released  the  boy  or  girl  was  completely 
free  from  the  penalties  of  the  offense  for  which  the 
commitment  was  made.  If  a  child  kept  at  the  school 
on  account  of  having  committed  a  crime  should  prove 
unruly,  incorrigible,  or  detrimental,  the  board  of 
trustees  could  return  the  child  to  the  county  from 
which  he  or  she  came,  where  proceedings  were  to  be 
resumed  as  though  commitment  had  never  been 
made.  In  regard  to  escape  the  Code  of  1873  simply 
provided  that  whoever  aided  any  inmate  to  escape 
or  to  attempt  escape  or  knowingly  concealed  an  in- 
mate after  escape  was  to  be  punished  by  a  fine  not 
exceeding  $1000  and  imprisonment  in  the  peniten- 
tiary for  not  exceeding  five  years. ^"^ 

The  arrangement  whereby  courts  had  power  to 
apprentice  vagrants  who  were  minors  and  contract 
with  suitable  persons  for  the  services  of  vagrants 
of  full  age  was  omitted' in  the  Code  of  1873,  only  the 
jail  sentence  for  a  maximum  of  six  months  remain- 

There  were,  in  the  Code  of  1873,  some  new  feat- 
ures in  the  legislation  affecting  laborers.  A  wife 
was  legally  permitted  to  receive  the  wages  for  her 
personal  labor,  "maintain  an  action  therefor  in  her 
own  name,  and  hold  the  same  in  her  own  right".  A 
few  technical  changes  were  effected  in  the  law  of 


SOCIAL  LEGISLATION  IN  CODE  OF  1873      83 

mechanics'  liens.  Counties  in  which  the  industry  of 
mining  was  pursued  were  required  to  appoint  in- 
spectors of  such  works  whose  chief  line  of  activity 
was  to  secure  standard  systems  of  ventilation  and  to 
see  that  there  were  sufficient  means  of  exit  in  case  of 
accidents.  As  an  assurance  that  the  recommenda- 
tions of  these  inspectors  would  be  carried  out,  own- 
ers and  operators  failing  to  comply  were  made  liable 
for  full  damages  to  any  employees  injured  as  a  re- 
sult of  such  neglect.  The  inspectors,  however,  had 
no  authority  to  enter  and  examine  a  mine  until  they 
had  received  a  written  invitation  from  the  owners, 
operators,  or  employees  to  that  effect.  Further- 
more, their  compensation  came  from  the  mine-own- 
ers or  operators  except  when  in  the  judgment  of  the 
inspector  the  employees  had  petitioned  for  an  un- 
necessary inspection. ^^^ 

The  only  method  by  which  an  injured  workman 
might  claim  indemnity  at  this  time  was  through  an 
appeal  to  the  courts  under  the  Common  Law  of  em- 
ployers' liability.  This  is  simply  a  branch  of  the 
law  of  torts  and  is  based  on  the  question  of  fault,  or 
personal  responsibility  for  personal  wrong.  If  no 
one  was  to  blame  or  the  employer  had  exercised  or- 
dinary care  damages  could  not  be  recovered. 

But  as  time  has  passed  and  new  circumstances 
have  arisen  the  fundamental  doctrine  has  been  modi- 
fied by  imposing  new  duties  upon  the  employer  (as 
in  the  instance  of  the  mine-owners  and  operators  not- 
ed just  above),  by  the  theory  of  occupational  risks, 
the  fellow  servant  rule,  contributory  negligence,  and 


84  SOCIAL  LEGISLATION  IN  IOWA 

the  doctrine  of  the  assumption  of  risk.  The  first 
change  in  the  law  of  employers'  liability  in  Iowa  was 
in  regard  to  the  fellow  servant  rule  —  that  an  em- 
ployer can  not  be  held  accountable  to  one  workman 
for  the  negligent  acts  or  omissions  of  another  who  is 
engaged  in  the  same  employment  —  as  it  applied  to 
railroads.     This  modification  reads  as  follows: 

Every  corporation  operating  a  railway  shall  be  liable  for 
all  damages  sustained  by  any  person,  including  employes  of 
such  corporation,  in  consequence  of  the  neglect  of  agents,  or 
by  any  mismanagement  of  the  engineers  or  other  employes 
of  the  corporation,  and  in  consequence  of  the  wilful  -wTongs, 
whether  of  commission  or  omission  of  such  agents,  engineers, 
or  other  employes,  when  such  wrongs  are  in  any  manner  con- 
nected with  the  use  and  operation  of  any  railway,  on  or 
about  which  they  shall  be  employed,  and  no  contract  which 
restricts  such  liability  shall  be  legal  or  binding.^"^ 

The  work  of  preserving  the  public  health  was  en- 
tirely in  the  control  of  localities.  While  cities  had 
previously  been  authorized  to  maintain  boards  of 
health  it  was  not  until  1866  that  the  mayor  and 
council  of  incorporated  cities  and  towns  and  the 
township  trustees  were  constituted  a  board  for  the 
*' protection  of  the  public  health,  and  respecting 
nuisances,  sources  of  filth,  and  causes  of  sickness 
within  their  respective  townships",  but  their  juris- 
diction did  not  extend  to  any  city  situated  therein. 
The  regulations  adopted  by  local  boards  —  for  city 
and  town  boards  of  health  were  vested  with  the  same 
powers  and  duties  —  were  to  be  published  in  some 
local  newspaper,  if  there  was  one,  or  posted  in  five 


SOCIAL  LEGISLATION  IN  CODE  OF  1873      85 

public  places.  Any  persons  necessary  to  carry  into 
effect  the  regulations  adopted,  including  physicians 
in  case  of  poverty,  could  be  employed.  Anyone  re- 
fusing to  remove  a  nuisance,  source  of  filth,  or  cause 
of  sickness  could  be  fined  a  sum  not  exceeding  twen- 
ty-five dollars  for  every  day  he  allowed  it  to  remain 
after  the  time  designated  for  its  removal,  and  in  case 
a  person  wilfully  violated  any  of  the  rules  made  by 
the  township  trustees  such  a  person  was  deemed 
guilty  of  a  misdemeanor  and  subject  to  a  fine  not  ex- 
ceeding $100  or  imprisonment  for  not  longer  than 
thirty  days.  Expenses  were  paid  by  the  town,  city, 
or  township,  the  method  of  obtaining  funds  for  that 
purpose  in  townships  being  a  tax  levy."' 

Often  contagion  becomes  prevalent  through  dis- 
eased animals  and  steps  have  been  taken  to  minimize 
this  danger.  The  Code  of  1873  fixed  a  penalty  of 
from  $50  to  $100  fine  for  bringing  diseased  sheep 
into  the  State,  selling  them,  or  allowing  them  to  run 
at  large.  In  the  case  of  horses  or  mules  the  fine  was 
from  $50  to  $500,  and  in  default  of  payment  the  of- 
fender could  be  imprisoned  for  a  year  in  the  county 
jail,  or  both  fined  and  imprisoned,  A  fine  not  ex- 
ceeding $1000  or  imprisonment  in  jail  for  a  period  of 
not  over  thirty  days  w^as  the  penalty  for  bringing 
Texas  cattle  into  the  State,  although  it  was  not  un- 
lawful to  transport  them  on  the  railway,  drive  them 
through,  or  have  them  in  possession  between  No- 
vember and  April  or  if  they  had  wintered  north  of 
the  southern  boundary  of  Missouri  or  Kansas.  Any 
person  who  violated  this  law  and  thereby  caused  the 


86  SOCIAL  LEGISLATION  IN  IOWA 

spread  of  Texas  fever  by  allowing  his  Texas  cattle 
to  run  at  large  was  also  liable  for  damages.  Horses, 
mules,  or  asses  diseased  with  nasal  gleet,  glanders, 
or  button-farcey,  which  were  found  running  at  large 
without  any  known  owner,  could  be  killed.  Anyone 
throwing  a  dead  animal  into  a  "river,  well,  spring, 
cistern,  reservoir,  stream,  or  pond"  was  to  be  fined 
not  less  than  five  nor  more  than  one  hundred  dollars 
or  put  in  jail  for  not  less  than  ten  nor  more  than 
thirty  days.^^* 

For  selling  adulterated  milk,  skimmed  milk,  milk 
from  which  ' '  strippings ' '  had  been  withheld,  or  that 
from  diseased  animals,  a  person  was  subject  to  be- 
ing fined  from  $25  to  $100  and  became  liable  for 
double  damages.  The  same  penalty  obtained  in  the 
case  of  any  poisonous  or  deleterious  material  being 
used  in  the  manufacture  of  cheese  or  butter."^ 

As  measures  of  public  safety  cities  and  towns  were 
empowered  to  repair  sidewalks  without  notice  to  the 
property-owner.  Racing  and  fast  driving  was  made 
a  misdemeanor  not  only  upon  city  streets  but  on  any 
portion  of  the  public  highway,  the  penalty  imposed 
being  a  maximum  fine  of  $100  or  not  more  than  thirty 
days  in  jail.  The  speed  of  trains  running  through  a 
city  or  town  could  be  limited.^^^ 

It  was  required  that  a  record  of  the  sale  of  poisons 
should  be  kept  and  that  none  should  be  sold  except 
that  the  purchaser  be  known  or  identified.  The  pen- 
alty for  violation  was  a  fine  of  not  exceeding  $100  or 
imprisonment  in  jail  for  not  more  than  thirty 
days."^ 


SOCIAL  LEGISLATION  IN  CODE  OF  1873      87 

The  penalties  fixed  for  mixing  illuminating  oils 
and  naphtha  or  selling  for  illuminating  purposes  any 
petroleum  product  inflammable  at  a  temperature  less 
than  110  degrees  Fahrenheit  were,  for  the  first  of- 
fense a  maximum  of  $100  fine  or  thirty  days  in  jail, 
and  for  subsequent  misdemeanors  a  fine  of  from  $100 
to  $1000,  imprisonment  of  from  thirty  days  to  a  year, 
or  both.^'* 

Persons  so  negligent  as  to  operate  a  threshing  ma- 
chine without  the  tumbling  rods  being  boxed  were 
guilty  of  a  misdemeanor  and  liable  to  a  fine  of  from 
ten  dollars  to  fifty  dollars  for  every  day  the  outfit 
was  operated  in  such  a  condition."® 

As  has  already  been  noted  the  moral  sense  of  the 
public  at  this  time  demanded  the  departure  from  the 
custom  of  capital  punishment,  thereby  changing  the 
penalty  in  case  of  treason  and  murder  of  the  first 
degree  to  life  imprisonment.  Another  measure  pre- 
sumed to  protect  the  lives  and  persons  of  individ- 
uals prohibited  the  carrying  of  concealed  weapons 
on  penalty  of  not  over  $100  fine  or  thirty  days  in  jail. 

Not  only  were  worshiping  congregations  protect- 
ed from  disturbances  but  schools,  school  meetings, 
teachers'  institutes,  lyceums,  literary  societies,  and 
other  lawful  assemblies  were  also  placed  within  the 
scope  of  the  statute.  Cities  and  towns  were  em- 
powered to  tax  taverns  and  houses  of  public  enter- 
tainment.^*" 

It  was  no  longer  permissible  to  sell  or  give  intox- 
icating liquor  to  minors  or  inebriates  any  more  than 
to  intoxicated  persons  and  Indians,  the  punishment 


88  SOCIAL  LEGISLATION  IN  IOWA 

for  so  doing  being  $100  fine;  while  anyone  who,  by 
the  manufacture  or  sale  of  intoxicating  liquor, 
caused  the  intoxication  of  a  person,  w^as  declared  to 
be  liable  to  pay  for  the  care  of  that  person  and  one 
dollar  a  day  in  addition  for  every  day  he  was  kept 
on  account  of  such  intoxication.  A  wife,  parent, 
child,  guardian,  employer,  or  other  person  injured 
could  take  action  and  recover  damages  from  the  one 
who  sold  intoxicating  liquors  to  another,  contrary  to 
law.  Intoxicating  liquor  could  not  be  sold  within 
three  miles  of  the  agricultural  college  and  farm,  ex- 
cept ''for  sacramental,  mechanical,  medical,  or  cul- 
inary purposes"  on  penalty  of  a  fine  of  not  more 
than  fifty  dollars,  imprisonment  for  not  over  thirty 
days,  or  both.  Furthermore,  the  sale  of  intoxicating 
liquor  within  one  hundred  and  sixty  rods  of  a  county 
or  agricultural  society  fair  was  prohibited  and  the 
authorities  could  seize  and  destroy  any  such  liquor. 
There  were  also  several  technical  changes  in  the 
liquor  law,  among  which  the  change  in  the  method 
of  securing  a  permit  to  sell  liquor  for  purposes  other 
than  as  a  beverage  was  of  prime  importance.  The 
certificate  as  to  the  character  of  the  applicant  had  to 
be  signed  by  a  majority  of  the  electors  in  the  town- 
ship, town,  or  ward  and  the  bond  was  increased  from 
$1000  to  $3000.  The  permit  expired  at  the  end  of 
one  year.  Profits  were  limited  to  thirty-three  per- 
cent on  the  cost  price. "^ 

The  only  new  legislative  check  placed  on  gambling 
by  the  Code  of  1873  was  in  respect  to  operating  and 
practicing  such  devices  at  fairs.     Horse-racing  and 


SOCIAL  LEGISLATION  IX  CODE  OF  1873      89 
nuisances,  as  well  as  gambling,  were  also  proliib- 

The  former  laws  preventing  cruelty  to  animals 
were  extended  and  made  more  explicit.  If  any  per- 
son were  to  torture,  torment,  starve,  mutilate,  over- 
drive, cruelly  beat  or  cruelly  kill,  fail  to  provide  shel- 
ter, abandon,  or  work  any  animal  when  it  was  unfit, 
he  might  be  put  in  jail  for  not  over  thirty  days  or  be 
fined  not  exceeding  $100.  Railroads  when  trans- 
porting live  stock  were  not  allowed  to  confine  such 
stock  in  cars  longer  than  twenty-eight  consecutive 
hours  without  unloading  for  rest,  food,  and  water 
for  a  period  of  five  hours,  unless  there  was  an  acci- 
dental delay  of  the  train  or  unless  there  was  room 
in  the  car  for  rest,  food,  and  water.  For  violation 
a  fine  of  from  $100  to  $500  could  be  exacted.  Keep- 
ing or  using  a  place  for,  or  abetting  or  assisting  in 
any  bull,  bear,  dog,  or  cock  fight,  or  a  fight  between 
any  creatures,  constituted  a  misdemeanor,  as  did 
also  the  confinement  of  any  animal  without  food  and 
water."^ 

The  legislation  affecting  domestic  relations  be- 
tween 1860  and  1873  was  of  more  or  less  insignificant 
character.  The  district  court  where  either  party  to 
divorce  proceedings  resided  (formerly  it  was  where 
the  plaintiff  had  residence)  had  jurisdiction.  Im- 
potency  and  bigamy  were  no  longer  causes  for  di- 
vorce but  became,  along  with  insanity  or  idiocy  and 
unlawful  marriage,  grounds  for  the  nullification  of 
a  marriage.  Other  rules  in  connection  with  annul- 
ling marriages  dealt  with  the  legitimacv  of  the  chil- 


90  SOCIAL  LEGISLATION  IN  IOWA 

dren  under  various  circumstances :  the  cause  of  im- 
potency  or  consanguinity  making  them  illegitimate, 
and  non-age,  insanity,  or  idiocy  legitimate ;  but  when 
prior  marriage  was  the  cause  children  born  before 
the  marriage  was  annulled  became  the  legitimate 
issue  of  the  parent  who  had  been  legally  capable  of 
marriage.  Provision  was  made  for  guardians  of 
non-resident  minors/** 


VII 

SOCIAL  LEGISLATION  IN  THE  CODE  OF  1897 
AFFECTING  PARTICULAR  CLASSES 

Almost  a  quarter  of  a  century  elapsed  before  there 
was  another  official  codification  of  Iowa  laws.  The 
Code  of  1897,  which  forms  the  basis  for  the  present 
law  and  procedure  in  the  State,  shows  marked  pro- 
gress in  social  legislation.  Although  in  some  phases 
there  was  but  little  modification  of  the  law  as  it  ap- 
peared in  the  Code  of  1873,  in  respect  to  other  social 
problems  whole  new  chapters  were  added.  Indeed, 
the  period  between  the  codes  of  1873  and  1897  has 
been  surpassed  in  the  enactment  of  social  legislation 
only  by  the  years  subsequent  to  1897. 

LEGISLATION  CONCERNING  DEPENDENTS 

To  the  poor  laws  of  Iowa  the  Code  of  1897  added 
but  little  new  legislation.  ''Poor  persons"  in  Iowa 
are  now  "construed  to  mean  those  who  have  no  prop- 
erty, exempt  or  otherwise,  and  are  unable,  because 
of  physical  or  mental  disabilities,  to  earn  a  living  by 
labor;"  but  "aid  to  needy  persons  who  have  some 
means,  when  the  board  [of  supervisors]  shall  be  of 
opinion  that  the  same  will  be  conducive  to  their  wel- 
fare and  the  best  interests  of  the  public"  is  not  for- 
bidden. A  county  may  recover  any  money  spent  in 
relief   or   support   from   poor   persons   themselves 

91 


92  SOCIAL  LEGISLATION  IN  IOWA 

should  they  become  able,  as  well  as  from  their  rel- 
atives, as  the  previous  laws  had  provided.  In  pay- 
ment for  any  outdoor  relief  any  able-bodied  person 
may  be  required  to  work  on  the  streets  or  highways 
at  the  rate  of  five  cents  an  hour.  The  establish- 
ment of  a  county  home  needs  to  be  approved  by  a 
vote  of  the  people  onl}^  when  the  estimated  cost  of  it 
exceeds  $5000.  Medical  attendance  as  well  as  other 
support  of  poor  people  may  be  contracted  for.  The 
education  of  poor  children  cared  for  in  a  county  home 
is  provided  in  the  district  school  and  the  expense 
considered  a  part  of  the  support  of  the  home."^ 

^Vhen  gifts  and  bequests  are  received  and  held  by 
a  county,  city,  town,  or  other  municipality  for  the 
establishment  of  benevolent  institutions,  and  there 
is  no  provision  for  the  execution  of  the  trust,  three 
trustees,  residents  of  the  county,  are  appointed  by 
the  county  probate  court  to  have  charge  and  con- 
trol."« 

After  the  close  of  the  Civil  War  most  of  the  States 
found  it  necessary  to  provide  homes  for  the  old  sol- 
diers and  sailors  who  had  been  left  without  the 
means  of  self-support.  It  was  in  1886  that  provi- 
sion was  made  for  the  care  of  indigent  soldiers  and 
sailors  in  Iowa  by  the  establishment  of  a  home  at 
Marshalltown."^  This  act  was  supplemented  and 
amended  in  the  succeeding  years  so  that  by  1897  the 
Code  contained  provisions  relative  to  a  home  for 
''dependent  honorably  discharged  Union  soldiers, 
sailors  and  marines,  their  dependent  widows,  wives 


SOCIAL  LEGISLATION  IN  CODE  OP  1897      93 

and  mothers,  and  dependent  army  nurses"  to  be 
under  the  management  and  control  of  five  trustees 
who  had  served  in  the  Union  army  or  navy.  They 
were  appointed  by  the  Governor  for  five  years,  none 
of  them  were  to  be  members  of  the  General  Assem- 
bly, no  two  from  the  same  Congressional  District, 
and  not  more  than  three  from  the  same  political 
party.  The  compensation  was  four  dollars  a  day 
for  the  time  actually  employed  and  five  cents  a  mile 
each  way  was  allowed  for  traveling  expenses.  Each 
member  gave  a  bond  of  $10,000  to  the  State.  Three 
members  constituted  a  quorum  but  the  adoption  of 
plans  and  the  letting  of  contracts  for  buildings  or 
the  selection  of  a  commandant  for  the  institution  re- 
quired an  aflfirmative  vote  of  a  majority  of  members 
of  the  board.  The  trustees  were  to  meet  quarterly, 
elect  officers  annually,  make  and  enforce  regulations, 
and  report  concerning  the  condition  of  the  home.^** 
This  system  prevailed  until  the  establishment  of  the 
State  Board  of  Control  for  charitable,  reformatory, 
and  penal  institutions. 

To  be  admitted  to  the  Iowa  Soldiers'  Home  under 
the  law  as  found  in  the  Code  one  must  have  served 
in  the  Iowa  regiments  or  batteries,  or  have  been  ac- 
credited to  Iowa,  or  have  resided  in  the  State  three 
years  next  preceding  the  date  of  his  application. 
His  wife  might  be  admitted  with  him,  if  married  be- 
fore 1885.  Eligible  army  nurses,  mothers,  and 
widows  could  be  admitted,  supported,  and  main- 
tained, receiving  the  same  allowance  as  other  in- 
mates of  the  home.     A  person  leaving  the  home,  dis- 


94  SOCIAL  LEGISLATION  IN  IOWA 

charged  therefrom,  or  adjudged  to  be  insane  was  de- 
clared to  have  residence  in  the  county  from  which  he 
gained  admission."® 

A  commandant,  qualified  by  possessing  an  honor- 
able discharge  from  the  United  States  army  or  navy, 
was  appointed  by  the  board  of  trustees.  His  salary 
was  not  to  exceed  $1800,  besides  which  he  was  en- 
titled to  the  free  occupancy  of  a  house  provided  with 
lights,  fuel,  and  water.  The  commandant  was  em- 
powered to  appoint  and  remove  a  similarly  qualified 
adjutant,  quartermaster,  and  surgeon;  and  also  a 
matron  and  such  other  necessary  subordinate  em- 
ployees, but  the  board  fixed  their  salaries.  No  officer 
was  permitted  to  be  interested  in  any  contracts  in 
connection  with  the  home  and  on  conviction  of  such 
a  practice  could  be  fined  as  much  as  $5000.^^° 

For  the  salaries  and  wages  of  those  connected  with 
the  home,  $13,000  was  annually  appropriated  out  of 
money  in  the  State  Treasury,  as  were  also  the  funds 
for  general  support,  the  cost  of  which  was  estimated 
according  to  the  average  number  of  inmates  for  the 
preceding  quarter,  but  not  exceeding  ten  dollars  a 
month  for  each  member.  Appropriations  were  to  be 
drawn  monthly  by  the  board  of  trustees. ^^^ 

The  Code  of  1897  also  provided  for  a  tax  of  one- 
half  mill  on  the  dollar  on  all  taxable  property  in  the 
county,  to  constitute  a  fund  for  the  relief  and  burial 
expenses  of  '4ionorably  discharged,  indigent  Union 
soldiers,  sailors  and  marines,  and  their  indigent 
wives,  widows,  and  minor  children  not  over  fourteen 
years  of  age,  if  boys,  nor  over  sixteen  years,  if  girls, 


SOCIAL  LEGISLATION  IN  CODE  OF  1897      95 

having  a  legal  residence  in  the  county."  The  dis- 
bursement of  the  fund  was  placed  in  the  hands  of  the 
soldiers'  relief  commission,  which  consisted  of  three 
persons,  two  of  them  honorably  discharged  Union 
soldiers,  sailors,  or  marines.  They  were  appointed 
by  the  board  of  supervisors. 

It  was  further  required  that  the  board  of  super- 
visors appoint  a  person  in  each  township  whose  duty 
it  was  to  cause  any  indigent,  honorably  discharged 
soldier,  sailor,  or  marine,  who  had  served  in  the 
United  States  army  or  navy  during  the  Civil  War, 
to  be  decently  buried,  and  to  see  that  a  headstone 
was  erected.  The  county  bore  the  expense  of  the 
burial  and  the  headstone  which  was  not  to  exceed 
thirty-five  and  fifteen  dollars  respectively .^^- 

The  exemption  from  taxation  of  the  property  of 
soldiers  and  sailors  is  in  a  sense  social  legislation  in 
that  it  affects  a  certain  class  of  people.  Under  the 
Code  of  1897  any  homestead  not  exceeding  $800  in 
value  belonging  to  the  widow  of  a  Union  soldier  or 
sailor  in  the  Civil  War,  or  belonging  to  the  soldier 
or  sailor  himself  if  he  were  dependent  on  it  for  sup- 
port and  incapable  of  manual  labor,  was  exempt 
from  taxation,  but  the  value  of  any  other  real  estate 
owmed  by  him  was  deducted  from  such  exemption.^^^ 

A  significant  feature  to  be  noted  in  connection  with 
the  legislation  in  the  Code  of  1897  affecting  depend- 
ents, from  the  standpoint  of  the  development  of  cen- 
tralized control  of  charitable  institutions,  was  the 
abandonment  of  the  system  of  county  orphans' 
homes  in  favor  of  a  State  home.  The  Orphans'  Home 


96  SOCIAL  LEGISLATION  IN  IOWA 

and  Home  for  Destitute  Children  was  located  at 
Davenport.^^*  A  board  of  three  trustees  was  pro- 
vided in  the  Code  of  1897  for  its  management  and 
control;  but,  as  in  the  case  of  other  State  institu- 
tions, this  governing  body  was  superseded  the  fol- 
lowing year  by  the  Board  of  Control.  A  superin- 
tendent, either  a  man  or  a  woman,  was  placed  in 
charge  of  the  home.  All  children  of  resident  sol- 
diers or  orphans  of  soldiers  under  fifteen  years  of 
age  who  were  destitute  or  unable  to  care  for  them- 
selves were  eligible  for  admission,  and  such  others, 
destitute  and  of  like  age  and  having  a  legal  settle- 
ment in  the  State,  could  be  admitted  upon  approved 
application  so  long  as  none  of  the  former  class  were 
denied  admission.  They  were  under  the  complete 
authority  of  the  superintendent  and  had  to  be  dis- 
charged at  the  age  of  fifteen.  A  common  school  edu- 
cation was  provided.  Furthermore,  regular  employ- 
ment was  furnished,  the  profits  from  which  were 
placed  at  interest  and  each  inmate  paid,  when  dis- 
charged, in  proportion  to  the  labor  he  or  she  had 
performed. 

Any  child,  with  the  approval  of  its  parents  or 
guardian,  could  be  adopted  by  any  citizen  of  the 
State,  but  the  articles  of  adoption  were  subject  to 
cancellation  by  the  board  of  trustees.  Ten  dollars 
monthly  for  each  child  actually  supported,  together 
with  the  expense  of  their  transmission  to  the  home, 
was  appropriated  for  the  support  of  the  institution, 
the  number  of  children  to  be  determined  by  the  aver- 
age number  during  the  previous  month.     Counties 


SOCIAL  LEGISLATION  IN  CODE  OF  1897      97 

were  made  liable  for  the  support  of  their  destitute 
children  cared  for  in  the  State  home,  and  partly  to 
that  end  provision  was  made  for  the  continuation  of 
the  former  levy  of  a  tax  of  not  exceeding  one-half 
mill  on  the  dollar  to  constitute  a  ''county  orphan 
fund",  which  should  be  used  for  the  maintenance 
and  education  of  destitute  orphans.  The  enumera- 
tion of  orphans  of  deceased  soldiers  by  assessors 
was  also  still  required.^" 

The  laws  in  the  Code  of  1897  regarding  the  care 
of  children  in  homes  for  the  friendless  were  passed 
by  the  Seventeenth  General  Assembly  (1878).  In- 
corporated homes  for  the  friendless  could  receive, 
control,  and  dispose  of  minor  children,  and  act  as 
their  legal  guardian.  Children  were  surrendered 
through  the  mayor,  a  judge  of  a  court  of  record,  or  a 
justice  of  the  peace.  Girls  under  fourteen  and  boys 
under  twelve  could  be  arrested  and  committed  to 
such  homes  if  complaint  were  filed  that  a  child  had 
been  abandoned  or  neglected,  or  that  the  parents 
were  dead,  drunkards,  or  in  prison  for  crime.  Re- 
ligious instruction  was  to  be  given  in  the  faith  of  the 
parents,  and  if  children  were  placed  out  it  was  to  be 
with  families  of  that  faith  also.^^^ 

LEGISLATION  CONCERNING  DEFECTIVES 

Although  the  adult  blind  persons  are  now  at  the 
mercy  of  private  charity  in  Iowa,  during  the  period 
between  1892  and  1900  an  Industrial  Home  for  the 
Blind  was  maintained  at  Knoxville,  for  the  instruc- 
tion of  these  unfortunates  in  some  trade  or  vocation 


98  SOCIAL  LEGISLATION  IN  IOWA 

and  to  serve  as  a  working  home  for  any  blind  person 
who  knew  a  trade  or  vocation  and  was  physically  and 
mentally  able  to  perform  the  labor  required.  Every 
indigent  blind  person  with  a  legal  residence  in  the 
State  could  be  admitted.  A  board  of  three  trustees, 
one  of  whom  was  a  woman,  had  complete  control  of 
the  institution  —  appointing  officers,  fixing  salaries, 
regulating  the  labor  of  the  inmates,  the  price  they 
were  to  pay  for  board  and  maintenance,  the  sale  of 
the  products  manufactured,  and  the  expenditure  of 
appropriations. ^^^ 

In  connection  with  the  College  for  the  Blind  the 
number  of  trustees  had  been  reduced  from  six  to 
five,  tuition  for  non-resident  pupils  was  raised  from 
forty  to  fifty-four  dollars  a  quarter,  and  the  appro- 
priation of  $8000  annually  for  contingent  expenses 
was  increased  to  $10,000.^^^ 

The  School  for  the  Deaf  and  Dumb  —  for  so  it  was 
called  in  the  Code  of  1897  in  preference  to  the  term 
Institution  —  likewise  was  subject  to  a  few  new  reg- 
ulations. Here  the  board  of  trustees  was  reduced  to 
three  members.  The  terms  for  admission  specified 
that  those  otherwise  eligible  who  were  ''so  deaf  as 
to  be  unable  to  acquire  an  education  in  the  common 
schools"  were  also  to  be  admitted  free.  Expenses 
of  transportation  of  pupils  as  well  as  for  clothing 
were  to  be  met  in  the  first  instance  by  the  school, 
while  the  appropriation  of  $12,000  annually  for  gen- 
eral support  and  ordinary  expenses  was  increased  to 
$21,000  for  salaries,  and  the  former  quarterly  sum 


SOCIAL  LEGISLATION  IN  CODE  OF  1897      99 

of  forty  dollars  for  each  student  was  reduced  to  thir- 
ty-five dollars,  the  total  amount  being  based  on  the 
average  attendance  for  the  last  preceding  quarter  of 
the  school  session  and  made  to  cover  all  current  and 
ordinary  expenses.^**^ 

It  is  estimated  that  the  number  of  feeble-minded 
people  in  this  country  is  about  equal  to  the  number 
of  insane  persons,  and  fully  one-half  of  them  ought 
to  be  under  public  care,  not  only  for  their  own  hap- 
piness and  comfort  but  also  for  the  protection  of  the 
community  at  large.  The  first  public  provision  for 
the  feeble-minded  was  an  attempt  to  develop  by  skill- 
ful training  the  imperfect  mental  faculties  of  the 
children  and  the  first  institution  was  founded  in 
Massachusetts  in  1848/'"' 

The  State  Institution  for  Feeble-minded  Children 
at  Glenwood  is,  as  the  title  indicates,  maintained  for 
the  purpose  of  training,  instructing,  caring  for,  and 
supporting  feeble-minded  children.  It  was  operat- 
ed, before  the  creation  of  the  Board  of  Control,  un- 
der the  direction  of  a  board  of  three  trustees.  Any 
person  between  the  ages  of  five  and  twenty-one  so 
intellectually  deficient  as  to  be  unable  to  secure  an 
education  in  the  common  schools  was  entitled  to  re- 
ceive physical  and  mental  training  there  at  State 
expense,  and  it  was  the  duty  of  county  superintend- 
ents to  report  any  such  cases  annually  to  the  super- 
intendent of  the  institution.  Application  for  admis- 
sion could  be  made  by  the  child's  father,  mother,  or 
guardian,  or  by  the  board  of  supervisors  or  the  conn- 


100  SOCIAL  LEGISLATION  IN  IOWA 

ty  attorney,  and  if  a  feeble-minded  child  liad  no  par- 
ents or  guardian  in  Iowa,  and  was  not  comfortably 
provided  for,  it  became  the  duty  of  the  board  of 
supervisors  or  the  county  attorney  to  apply  for  the 
admission  of  such  a  child. 

Should  it  be  necessary  to  furnish  clothing  and 
transportation  to  a  pupil,  the  account  was  charged 
to  the  county  of  his  residence,  after  having  been  paid 
in  the  first  instance  by  the  State,  and  the  county 
could  then  collect  from  the  inmate,  from  his  parents, 
or  from  his  guardian,  unless  it  should  be  shown  by 
three  disinterested  persons  of  the  county  that  the 
account  ought  not  to  be  collected  from  them.  When 
it  was  thus  shown,  the  county  paid  the  bill. 

For  the  maintenance  of  the  institution  ten  dollars 
a  month  for  each  inmate  supported  by  the  State 
based  on  the  average  number  for  the  previous 
month,  was  appropriated,  together  with  $22,000  an- 
nually for  equipment,  employees,  and  general  ex- 
penses. 

Idiotic  children  were  considered  eligible  for  ad- 
mission and  a  special  custodial  department  was  pro- 
vided for  those  who  could  not  be  benefited  by  educa- 
tional training.  Any  inmate  could  be  returned  to 
his  parents  or  guardian  at  any  time  by  the  board  of 
trustees. ^^^ 

Such  was  the  law  as  found  in  the  Code  of  1897  and 
aside  from  the  managerial  changes  effected  by  the 
advent  of  the  State  Board  of  Control,"^  the  status  of 
the  Institution  for  Feeble-minded  Children  is  prac- 
tically the  same  to-day. 


SOCIAL  LEGISLATION  IN  CODE  OP  1897    101 

As  the  idea  of  medical  treatment  for  insane  people 
has  developed  insane  asylums  have  been  converted 
into  hospitals  the  country  over,  with  the  result  that 
there  has  been  a  great  increase  in  the  number  of  in- 
mates and  a  multiplication  of  the  number  of  institu- 
tions. Four  State  hospitals  for  the  insane  were  pro- 
vided for  in  the  Code  of  1897.  At  the  same  time,  al- 
though private  and  county  care  of  the  insane  was  reg- 
ulated by  statute  as  formerly,  the  State  exercised  no 
responsibility  for  the  care  of  this  class  of  defectives 
at  the  hands  of  counties  and  private  institutions. 
The  new  State  hospitals  were  located  at  Clarinda 
and  Cherokee.  The  monthly  allowance  for  support 
had  by  1897  been  reduced  from  twenty  to  fourteen 
dollars  for  each  inmate.  A  new  qualification  of 
superintendents  imposed  in  the  Code  of  1897  was 
tliat  they  be  authorized  to  practice  medicine  in 
lowa.^''^ 

An  appeal  from  the  findings  of  the  commissioners 
of  insanity  could  be  had  to  the  district  court,  and 
pending  such  an  appeal  the  person  could  not  be  held 
in  custody,  unless  it  should  be  dangerous  to  public 
safety  to  allow  him  to  be  at  large.  In  such  a  case 
the  treatment  was  identical  with  that  afforded  any 
patient  outside  of  a  State  hospital :  private  patients 
might  be  cared  for  by  relatives  or  friends  and  public 
patients  placed  in  the  county  home,  or,  if  no  more 
suitable  place  could  be  found,  the  county  jail.  The 
Code  of  1897  prescribed  the  maximum  penalty  of 
$500  fine,  imprisonment  in  jail  for  three  months,  or 
both,  for  anyone  who  mistreated  an  insane  person.^"* 


102  SOCIAL  LEGISLATION  IN  IOWA 

A  county  tax  not  exceeding  one-half  a  mill  could 
be  levied  for  the  ''county  insane  fund".  This  was 
to  be  used  for  the  support  of  insane  people  outside  of 
State  hospitals."^ 

Guardians  of  idiots,  drunkards,  and  spendthrifts 
were  allowed  to  mortgage  the  property  of  their 
wards  on  proper  occasions  as  well  as  to  sell  it.  Suf- 
ficient property  could  also  be  set  aside  for  the  wife 
and  children  under  fifteen  years  of  age,  or  either,  to 
support  them  for  a  year  from  the  time  when  the 
husband  and  father  became  insane.  After  six 
months  the  person  under  guardianship  might  apply 
for  its  termination  by  petitioning  the  court,  and  if 
the  trial  resulted  unfavorably  another  petition  could 
not  be  filed  for  four  months. ^"^ 

LEGISLATION  CONCEENING  DELINQUENTS 

Capital  punishment  was  restored  in  Iowa  in  1878. 
An  act  was  passed  by  the  Seventeenth  General  As- 
sembly declaring  that  first  degree  murder  should  be 
punished  by  death  or  imprisonment  for  life,  the  des- 
ignation to  be  made  by  the  jury  in  its  verdict.  Ac- 
cording to  the  Code  of  1897  all  offenders  are  bailable 
except  those  convicted  of  murder  or  charged  with 
treason.  But  since  1902  bail  has  been  refused  only 
in  case  of  conviction  of  treason  or  murder  in  the  first 
degree."^ 

In  cities  of  25,000  or  over  the  Code  of  1897  re- 
quired the  mayor  to  appoint  two  or  more  police  ma- 
trons for  each  station-house  where  women  and  chil- 
dren were  detained.     If  there  were  suitable  build- 


SOCIAL  LEGISLATION  IN  CODE  OP  1897    103 

ings  or  jails,  minors  under  eighteen  years  of  ago, 
unless  tbey  exerted  an  immoral  influence,  were  to  be 
kept  apart  from  the  other  prisoners.  All  jails  must 
have  separate  apartments  for  females.'"* 

The  penitentiaries  were  at  this  time  still  under  the 
general  supervision  of  the  Governor,  but  the  Ex- 
ecutive Council  had  authority  over  some  matters. 
Wardens  were  allowed  to  appoint  a  matron  for  the 
women's  department  —  for  women  might  then  be 
placed  in  either  of  the  State  prisons.  The  depart- 
ment for  the  incarceration  of  the  criminally  insane 
was  established  at  Anamosa  in  1888.  Later  an  as- 
sistant deputy  warden  was  placed  in  charge.  Being 
appointed  by  him,  all  officers  could  be  discharged  at 
any  time  by  the  warden.^*^ 

The  Code  of  1897  provided  an  elaborate  scale  for 
the  dimunition  of  sentences  on  the  basis  of  good  con- 
duct, covering  any  term  up  to  twenty-five  years.  It 
is  possible  thereby  to  earn  one  month  the  first  year 
and  one  additional  month  each  year  for  the  first  six 
years,  and  after  that  time  six  months  constitute  the 
maximum  reduction  of  term  that  can  be  earned  out 
of  every  year.  In  this  way  a  twenty -five  year  sen- 
tence can  be  reduced  to  thirteen  years  and  nine 
months.  But  any  convict  who  violates  any  of  the 
prison  rules  forfeits  for  the  first  offense  two  days  of 
his  ''good  time",  for  the  second  four  days,  for  the 
third  eight  days,  for  the  fourth  sixteen  days  and  in 
addition  ''whatever  number  of  days  more  than  one 
that  he  is  in  punishment".     For  more  than  four  of- 


104  SOCIAL  LEGISLATION  IN  IOWA 

fenses,  an  escape,  or  an  attempt  to  escape  all  the 
"good  time"  already  earned  may  be  taken  away. 
When  a  convict  is  committed  under  several  separate 
sentences  for  several  convictions  they  are  considered 
as  one  in  granting  or  forfeiting  "good  time".  Time 
spent  in  solitary  confinement  for  the  violation  of 
rules  and  regulations  is  not  figured  as  part  of  the 
term  of  commitment.  If  the  conduct  of  the  prisoner 
while  in  the  penitentiary  warrants  it,  the  Governor 
may  restore  to  him  all  his  rights  of  citizenship.^^" 

At  Fort  Madison  convict  labor  could  be  contracted 
out  by  the  warden  with  the  consent  of  the  Executive 
Council  for  periods  not  exceeding  ten  years.  At 
Anamosa,  however,  contract  labor  was  prohibited 
and  instead  the  prisoners  were  employed  by  the 
State  in  the  stone  quarries."^  Able-bodied  male  per- 
sons could  be  taken  to  Anamosa  and  there  employed 
in  the  stone  quarries  and  on  construction  work  about 
the  prison.  When  not  otherwise  employed  the  pris- 
oners were  to  be  set  to  work  with  hammers  breaking 
refuse  stone  into  pieces  not  more  than  two  and  one- 
half  inches  in  diameter,  and  such  stone  was  furnished 
free,  except  for  transportation  charges,  to  local  au- 
thorities for  use  in  the  improvement  of  streets  and 
highways."^ 

In  accord  with  the  general  arrangement  which 
prevailed  in  other  States,  a  separate  department  of 
the  Iowa  Reform  School  for  girls  was  established  at 
Mitchellville  in  1880  —  thus  really  making  two  State 
institutions  for  the  reform  of  delinquent  children. 


SOCIAL  LEGISLATIOX  IX  CODE  OP  1897    105 

To  the  original  functions  of  the  Industrial  School 
had  been  added  by  1897  the  requirement  of  teaching 
the  effects  of  alcoholic  drinks,  stimulants,  and  nar- 
cotics. In  place  of  the  provision  allowing  any  child 
under  eighteen  years  of  age  to  be  committed  to  the 
school  was  one  restricting  the  attendance  to  those 
between  seven  and  sixteen  years  of  age.  Children 
in  the  school  could  be  bound  out  only  for  the  length 
of  their  term  of  commitment.  The  Code  of  1897 
provided  for  the  parole  of  children  on  satisfactory 
evidence  of  reformation.  The  penalty  for  aiding  an 
inmate  to  escape  was  changed  from  a  maximum  fine 
of  $1000  and  imprisonment  in  the  penitentiary  not 
longer  than  five  years  to  such  a  fine  or  imprisonment. 
In  1897  the  Industrial  School  was  allowed  ten  dollars 
a  month  for  each  boy  and  eleven  dollars  a  month  for 
each  girl  actually  supported,  the  total  amount  being- 
based  on  the  average  number  of  inmates  for  each 
month."^ 

It  was  the  Twenty-third  General  Assembly  in  1890 
which  designated  a  particular  class  of  vagrants 
known  as  tramps  as  being  particularly  undesirable 
and  special  provisions  were  made  concerning  them. 
''Any  male  person  sixteen  years  of  age  or  over, 
physically  able  to  perform  manual  labor,  who  is  wan- 
dering about,  practicing  common  begging,  or  having 
no  visible  calling  or  business  to  maintain  himself, 
and  is  unable  to  show  reasonable  efforts  in  good  faith 
to  secure  employment,  is  a  tramp ' '. 

Such  a  person  is  to  be  punished  by  imprisonment 


106  SOCIAL  LEGISLATION  IN  IOWA 

in  the  county  jail:  if  at  hard  labor,  for  ten  days, 
and  if  in  solitary  confinement,  for  five  days.  Should 
a  tramp  refuse  to  work,  however,  he  may  be  placed  in 
solitary  confinement  for  ten  days  or  until  his  term 
expires.  During  that  time  he  is  to  be  fed  on  bread 
and  water.  The  use  by  an  imprisoned  tramp  of  any 
tobacco,  intoxicating  liquors,  sporting  or  illustrated 
newspapers,  cards,  or  other  articles  of  amusement 
or  pastime  is  forbidden.  Any  intimidation  or  other 
misconduct  on  the  part  of  a  tramp,  for  which  no 
greater  punishment  is  provided,  is  regarded  as  a 
misdemeanor.  Tramps  assembling  or  congregating 
together  are  tried  jointly.^^* 

,  In  connection  with  the  definition  of  a  vagrant  the 
Code  of  1897  omitted  the  clause  ''all  persons  who 
tell  fortunes  or  where  lost  or  stolen  goods  may  be 
found ' '.  A  provision  was  added  that  necessary  care 
of  the  sick  and  disabled  and  one  night's  lodging  for 
apparently  deserving  persons  could  be  furnished  by 
the  board  of  supervisors.^'^^ 

LEGISLATION  AFFECTING  LABORERS 

For  the  purpose  of  collecting,  assorting,  and  sys- 
tematizing statistical  details  ' '  relating  to  all  depart- 
ments of  labor  in  the  state,  especially  in  its  relations 
to  the  commercial,  social,  educational  and  sanitary 
conditions  of  the  working  classes,  and  to  the  per- 
manent prosperity  of  the  mechanical,  manufacturing 
and  productive  industries  of  the  state",  there  was 
established  by  the  Twentieth  General  Assembly  in 
1884  a  Bureau  of  Labor  Statistics  under  the  control 


SOCIAL  LEGISLATION  IN  CODE  OF  1897    107 

of  a  Commissioner.^^^  This  Commissioner  is  ap- 
pointed biennially  by  tbe  Governor.^"  Until  1907 
his  salary  was  fixed  at  $1500  annually,  but  in  that 
year  it  was  raised  to  $1800.'^^  He  was  allowed  to 
employ  a  deputy  who  occupied  the  position  of 
clerk.^^^ 

Li  1897  the  duties  of  the  Commissioner  of  Labor 
Statistics  were  entirely  statistical  in  character.  His 
reports  were  to  include  *Hhe  amount  and  condition 
of  the  mechanical  and  manufacturing  interests,  the 
value  and  location  of  the  various  manufacturing  and 
coal  productions  of  the  state,  also  sites  offering  nat- 
ural or  acquired  advantages  for  the  profitable  loca- 
tion and  operation  of  different  branches  of  indus- 
try". He  was  also  to  compile  ''such  information  as 
may  be  considered  of  value  to  the  industrial  interests 
of  the  state,  the  number  of  laborers  and  mechanics 
employed,  the  number  of  apprentices  in  each  trade, 
with  the  nativity  of  such  laborers,  mechanics'  and 
apprentices'  wages  earned,  the  savings  from  the 
same,  with  age  and  sex  of  laborers  employed,  the 
number  and  character  of  accidents,  the  sanitary  con- 
dition of  institutions  where  labor  is  employed,  the 
restrictions,  if  any,  which  are  put  upon  apprentices 
when  indentured,  the  proportion  of  married  laborers 
and  mechanics  who  live  in  rented  houses,  with  the 
average  annual  rental,  and  the  value  of  property 
owned  by  laborers  and  mechanics",  and  to  report  the 
progress  and  methods  of  the  schools  of  mechanic 
arts.^«° 

This  information  was  to  be  secured  either  by  cor- 


108  SOCIAL  LEGISLATION  IN  IOWA 

respondence,  by  the  testimony  of  witnesses,  or  by 
actual  inspection.  It  was  the  duty  of  every  ' '  owner, 
operator  or  manager"  of  an  establishment  employ- 
ing labor  to  report  to  the  Commissioner  when  re- 
quested to  do  so.  Blank  forms  were  furnished  and 
failure  to  comply  within  sixty  days  was  punishable 
by  the  penalty  of  a  $100  fine  or  thirty  days  imprison- 
ment in  the  county  jail.  The  Commissioner  could 
compel  witnesses  to  appear  and  testify,  but  not  out- 
side of  their  own  county.  For  refusing  to  do  so 
there  was  imposed  a  fine  of  fifty  dollars  or  imprison- 
ment in  the  county  jail  for  not  over  thirty  days.  The 
expenses  of  such  witnesses  was  not  to  exceed  $100  a 
year  and  were  paid  from  the  contingent  fund  of  the 
Bureau.  According  to  the  law  the  Commissioner 
had  power  to  enter  and  personally  inspect  a  place 
only  when  requested  in  writing  to  do  so  or  when  two 
or  more  persons  should  make  a  complaint.  To  hin- 
der such  inspection  constituted  a  misdemeanor  pun- 
ishable by  a  fine  of  not  exceeding  $100  or  by  impris- 
onment for  not  longer  than  thirty  days.  The  infor- 
mation secured  in  any  way  was  considered  strictly 
confidential  and  it  was  made  a  misdemeanor  to  pub- 
lish the  names  of  any  individuals  or  firms.  Only 
those  factories,  mills,  workshops,  mines,  stores,  bus- 
iness houses,  or  public  or  private  works  which  em- 
ploy ''five  or  more  wage-earners  ....  for  a 
certain  stipulated  compensation"  came  within  the 
cognizance  of  the  Bureau  of  Labor  Statistics. ^^^ 

In  order  to  protect  the  laborer,  who  is  ordinarily 


SOCIAL  LEGISLATION  IN  CODE  OF  1897     109 

weaker  than  his  debtor  or  creditor  and  to  whom  the 
suspension  of  daily  wages  would  entail  privation, 
laws  have  from  time  to  time  been  passed  strengthen- 
ing the  guarantees  of  prompt  payment.^^^  A  special 
regulation  in  the  Code  of  1897  required  that  the 
wages  of  miners  should  be  "paid  in  money  upon  de- 
mand semimonthly".  After  five  days  following  a 
demand  for  wages  a  miner  may  collect  a  dollar  for 
each  additional  day  the  payment  is  deferred  or  re- 
fused up  to  a  sum  equal  to  the  amount  owed  and  a 
reasonable  attorney's  fee.  Since  most  of  the  coal 
mining  is  paid  for  by  weight,  provision  is  made  for 
standard  scales  subject  to  examination  by  the  State 
Mine  Inspectors,  for  a  check-weighman  appointed 
and  paid  by  the  miners,  and  for  a  weighmaster  who 
is  under  oath  to  keep  the  scales  correctly  balanced, 
to  weigh  accurately,  and  to  record  a  correct  account 
of  the  weight  of  each  miner's  car  of  coal.  No  pay- 
ment was  to  be  made  for  any  sulphur,  rock,  slate, 
black-jack,  slack,  dirt,  or  other  impurities.  Since 
1900,  however,  no  weight  has  been  subtracted  on 
account  of  the  presence  of  slack  in  coal.^*^ 

The  accidental  injury  of  employees  at  their  work 
is  the  cause  for  an  important  phase  of  legislation 
that  affects  laborers.  Lives  sacrificed  in  industry 
are  sacrificed  in  the  public  service  no  less  than  are 
the  lives  laid  down  on  the  battle  field,  and  justice  de- 
mands that  the  lives  so  jeopardized  shall  be  protect- 
ed by  means  of  every  reasonable  safeguard.  Both 
preventive  and  remedial  laws  have  been  passed  in 


no  SOCIAL  LEGISLATION  IN  IOWA 

this  connection.  The  former  are  largely  concerned 
with  the  inspection  of  certain  hazardous  industries, 
prescribing  safety  devices,  and  providing  means  of 
escape  and  protection  in  case  of  fire.  The  latter  aim 
to  guarantee  to  a  workman  injured  in  the  course  of 
duty  some  reparation  for  his  economic  loss. 

The  only  provisions  in  the  Code  of  1897  concern- 
ing safety  appliances  in  factories  relate  to  steam 
boilers,  which  were  required  to  be  equipped  with  a 
steam  gauge,  safety  valve,  and  water  gauge.  The 
penalty  for  neglect  to  supply  these  accessories  was 
a  fine  of  from  $50  to  $500.  Cities  and  towns  were 
empowered  to  provide  for  the  inspection  of  steam 
boilers.  Another  factory  regulation  —  although  a 
health  rather  than  a  safety  measure  —  compelled 
employers  of  females  in  mercantile  and  manufactur- 
ing occupations  to  maintain  ''suitable  seats,  when 
practicable,  for  the  use  of  such  female  employes,  at 
or  beside  the  counter  or  work-bench  where  employed, 
and  permit  the  use  thereof  by  such  employes  to  such 
extent  as  the  work  engaged  in  may  reasonably  admit 
of. ' '  Neglect  or  refusal  to  comply  with  this  regula- 
tion was  to  be  punished  by  a  fine  of  not  more  than 
ten  dollars.^** 

By  far  the  greatest  amount  of  legislation  guaran- 
teeing the  safety  of  laborers  has  been  in  connection 
with  the  superhazardous  industry  of  mining.  The 
law  as  found  in  the  Code  of  1897  provides  that  the 
Governor  shall  appoint  three  State  Mine  Inspectors 
from  among  the  candidates  nominated  by  the  Board 
of  Examiners  of  Mine  Inspectors,  a  body  composed 


SOCIAL  LEGISLATION  IX  CODE  OF  1807     111 

of  two  practical  miners,  two  mine  operators,  and  one 
mining  engineer.  Besides  being-  able  to  pass  the  oral 
and  written  examinations  of  the  examining  board, 
candidates  for  the  position  of  Mine  Inspector  were 
required  to  possess  the  further  qualifications  of  be- 
ing "twenty-five  years  of  age  or  over,  of  good  moral 
character,  citizens  of  the  state,  and  with  at  least  five 
years'  experience  in  the  practical  working  of  mines, 
and  who  have  not  been  acting  as  agent  or  superin- 
tendent of  any  mines  for  at  least  six  months  next 
preceding  such  examination."  For  his  sersdces  each 
inspector  was  to  receive  $1200  a  year  and  traveling 
expenses  up  to  the  amount  of  $500.  The  term  of  of- 
fice was  two  years,  but  an  inspector  could  be  re- 
moved by  the  Governor  for  neglect  of  duty  or  mal- 
feasance in  office  after  a  hearing  before  the  Board 
of  Examiners  demanded  by  five  miners  or  one  or 
more  mine  operators."' 

For  the  purpose  of  inspection  the  State  is  divided 
into  three  districts,  one  for  each  of  the  inspectors. 
The  Code  of  1897  assigned  to  the  State  Mine  Inspect- 
ors the  duty  of  examining  all  the  mines  in  their  re- 
spective districts  as  often  as  time  would  permit,  with 
a  view  to  ascertaining  the  "extent  and  manner  in 
which  the  laws  relating  to  the  government  of  mines 
and  their  operation  are  observed  and  obeyed,  the 
progress  made  in  improvements  for  the  better  secur- 
ity to  health  and  life,  number  of  incidents  happening 
and  their  character,  the  number  employed,  and  such 
other  and  further  matters  as  may  be  of  public  in- 
terest and  connected  with  the  mining  industries  of 


112  SOCIAL  LEGISLATION  IN  IOWA 

the  state."  They  were  also  to  see  to  it  that  the 
weighing  apparatus  of  mines  was  kept  adjusted.  For 
the  purpose  of  performing  these  duties  they  were 
given  the  right  to  enter  any  mine  by  night  or  day.^*® 

The  law  requires  the  Mine  Inspectors  to  make  bi- 
ennial reports  to  the  Governor  by  August  fifteenth 
preceding  the  regular  session  of  the  General  As- 
sembly. Besides  including  all  information  that  may 
be  deemed  useful,  these  reports  are  to  contain  sug- 
gestions for  legislation.^" 

There  are  two  sections  in  the  Code  of  1897  which 
regulate  the  matter  of  reporting  accidents  in  mines. 
In  the  first  place  mine-owners,  or  persons  in  charge, 
must  "forthwith,  upon  the  happening  of  any  acci- 
dent to  any  miner  in  or  about  the  mine  by  reason  of 
the  working  thereof  which  causes  loss  of  life,"  re- 
port it  to  the  Mine  Inspector  and  the  coroner  of  the 
county.  It  was  the  duty  of  the  coroner  thereupon 
to  hold  an  inquest  and  report  his  findings  to  the  Mine 
Inspector.^*^ 

Maps  of  mines  are  necessary  in  order  that  the  in- 
spector may  properly  discharge  his  duties.  Conse- 
quently, in  the  Code  of  1897  there  is  to  be  found  the 
regulation  that  an  accurate  map  of  every  mine, 
brought  up  to  date  on  September  first  of  each  year, 
must  be  on  display  in  the  office  of  the  mine.  Should 
a  mine-owner  fail  to  have  a  map  brought  up  to  date 
within  sixty  days  the  inspector  may  have  it  done  at 
the  owner's  expense.  An  adjoining  land-owner  may 
require  the  extent  of  a  mine  to  be  examined  when  he 
thinks  it  necessary  to  the  protection  of  his  property. 


SOCIAL  LEGISLATJOX  IN  CODE  OF  1897     113 

A  correct  map  of  each  worked  out  or  abandoned 
mine  must  be  delivered  to  the  office  of  the  Mine  In- 
spector/^^ 

The  statute  in  1897  dealing  with  mine  exits  ^'^ 
made  it  necessary  to  have  two  distinct  openings  at 
all  times  unobstructed  and  separated  by  not  less 
than  one  hundred  feet  of  natural  strata,  for  each 
seam  of  coal  worked,  if  by  shaft ;  and  in  mines  oper- 
ated by  drift  or  slope,  where  five  or  more  men  are 
employed,  the  exits  were  to  be  separated  by  not  less 
than  fifty  feet.  Traveling  ways  to  escape  shafts 
were  to  be  kept  free  from  water  and  falls  of  roof. 
Escape  shafts  not  provided  with  hoisting  apparatus 
were  to  have  stairs  constructed  at  an  angle  of  not 
more  than  sixt}'  degrees  descent  and  wath  landings 
at  eas}^  and  convenient  distances.  Air  shafts  where 
fans  were  used  for  ventilation,  and  those  used  as 
escapes,  were  to  be  provided  with  suitable  means  for 
lioisting  underground  workmen,  and  no  combustible 
material  was  allowed  between  any  escape  shaft  and 
hoisting  shaft  except  such  as  was  absolutely  neces- 
sary. When  a  furnace  shaft  was  used  as  a  means 
of  escape  it  had  to  be  divided  by  incombustible  ma- 
terial for  a  distance  of  fifteen  feet  from  the  bottom 
and  from  there  to  the  surface  in  such  a  manner  as 
to  exclude  the  heated  air  and  smoke  from  the  side 
used  as  an  escape  shaft.  Should  an  escape  shaft  be 
less  than  one  hundred  feet  from  the  hoisting  shaft 
an  underground  traveling  way  was  required  to  be 
maintained  from  the  top  of  the  escape  for  a  distance 
of  one  hundred  feet  from  the  hoisting  shaft. 


114  SOCIAL  LEGISLATION  IN  IOWA 

If  two  or  more  mines  were  connected  under- 
ground, the  o^vners  were  allowed  to  use  each  other's 
hoisting  shafts  or  slopes  as  escape  shafts.  No  es- 
cape shaft  could  be  constructed  at  a  distance  of  less 
than  three  hundred  feet  from  the  main  shaft  without 
the  consent  of  the  State  Mine  Inspector.  Neither 
could  buildings,  except  the  fan-house,  be  placed  near- 
er the  escape  shaft  than  one  hundred  feet.  How- 
ever, if  an  escape  way  were  destroyed  by  the  draw- 
ing of  pillars  preparatory  to  the  abandonment  of  the 
mine,  the  above  provisions  were  not  to  apply,  but  in 
such  a  mine,  or  in  any  not  conforming  to  the  provi- 
sions for  escapes,  not  more  than  twenty  men  might 
be  employed  at  one  time.  Mine-owners  were  given 
one  year  in  1897  to  comply  with  the  law  and  at  the 
expiration  of  that  time  if  their  mines  were  not 
brought  into  conformity  with  the  statute,  operations 
therein  were  to  be  suspended.^^^ 

It  is  essential  that  there  should  be  means  of  com- 
munication between  the  various  parts  of  the  mine, 
and  the  Code  of  1897  provided  that  all  mines  oper- 
ated by  shaft  or  slope  where  the  human  voice  could 
not  be  distinctly  heard  should  be  equipped  mth 
metal  speaking  tubes  or  other  means  of  communica- 
tion.^^^ 

Safety  precautions  not  taken  in  contemplation  of 
fire  or  catastrophe  but  rather  on  account  of  the  use 
of  machinery  have  also  been  necessary.  By  1897  it 
was  required  that  cages  used  for  carrying  persons  be 
equipped  with  a  safety  catch,  overhead  cover,  and 
brake  on  all  drums;  that  there  should  be  a  safety 


SOCIAL  LEGISLATIOX  IN  CODE  OF  1897     115 

gate  at  the  top  of  each  shaft,  springs  at  the  top  of 
each  slope,  and  a  trail  attached  to  each  train  used 
therein;  that  not  more  than  ten  persons  should  be 
permitted  to  ride  on  one  cage  at  the  same  time,  and 
no  one  but  the  conductor  on  a  loaded  car  or  cage; 
and  that  a  sufficient  supply  of  timber  to  be  used  as 
props  should  be  kept  ready  and  when  required  should 
be  delivered  to  the  places  where  it  was  needed/^^ 

Conspicuous  among  the  laws  governing  conditions 
in  mines  are  those  which  contemplate  the  preserva- 
tion of  health  among  the  workers.  One  of  the  first 
considerations  in  mine-working  is  proper  ventila- 
tion, and  in  the  Code  of  1897  are  found  the  directions 
that  "not  less  than  one  hundred  cubic  feet  of  air  per 
minute  for  each  person,  nor  less  than  five  hundred 
cubic  feet  of  air  per  minute  for  each  mule  or  horse 
employed  therein,  which  shall  be  so  circulated 
throughout  the  mines  as  to  dilute,  render  harmless 
and  expel  all  noxious  and  poisonous  gases  in  all 
working  parts"  must  be  provided  in  mines  by  arti- 
ficial means  of  sufficient  power  and  capacity."* 

Closely  allied  to  the  provisions  relative  to  ven- 
tilation in  mines  are  the  laws  regulating  illumina- 
tion. The  Code  of  1897  states  that  only  pure  animal 
or  vegetable  oil,  paraffine,  or  electric  lights  shall  be 
used  in  coal  mines,  and  sets  a  penalty  of  a  fine  of 
from  $25  to  $100  for  anyone  selling  or  offering  for 
sale  impure  oil  for  illuminating  purposes  in  any 
mine,  and  another  fine  of  from  five  to  twenty-five  dol- 
lars for  anyone  knowingly  using  or  permitting  such 
oil  to  be  used.     To  the  Mine  Inspector  is  entrusted 


116  SOCIAL  LEGISLATION  IN  IOWA 

the  duty  of  investigating  any  suspicious  cases  of 
violation,  according  to  the  standard  for  oil  set  by  the 
State  Board  of  Health/^^ 

Workmen  are  forced  to  exercise  care  in  their  work. 
It  is  a  misdemeanor  for  any  miner,  workman,  or 
other  person  knowingly  to  injure  or  interfere  with 
any  air  course  or  brattice,  to  obstruct  or  throw  open 
doors,  disturb  any  part  of  the  machinery,  disobey 
any  orders,  ride  upon  any  loaded  car  or  wagon  in 
the  shaft  or  slope,  neglect  or  refuse  to  prop  the  roof 
and  entries,  or  to  do  any  act  whereby  the  lives  and 
health  of  the  persons  or  the  security  of  the  mines  and 
machinery  is  endangered.  The  Code  of  1897  for- 
bade the  employment  of  boys  under  twelve  years  of 
age  in  any  mine,  and  stipulated  that  only  '' experi- 
enced, competent  and  sober  engineers"  should  be 
placed  in  charge  of  any  engine.^^^ 

The  law  of  1897  declared  that  anyone  giving  short 
weight  in  a  mine,  or  any  owner  or  other  person  in 
charge  who  tried  to  coerce  an  employee  to  buy  goods 
of  a  particular  person  or  failed  to  carry  out  the  re- 
quirements of  the  mining  law  should  be  punished 
by  imprisonment  in  the  county  jail  for  not  exceeding 
sixty  days,  and  by  a  fine  of  not  more  than  $500.  On 
the  other  hand,  workmen  committing  dangerous  acts 
are  subject  to  imprisonment  in  the  county  jail  for 
thirty  days  or  a  possible  fine  of  $100."^  Should  a 
mine-owner  persist  in  his  neglect  to  provide  safety 
appliances  the  State  Mine  Inspector,  after  twenty 
days  notice,  may  apply  for  a  writ  of  injunction  to 


SOCIAL  LEGISLATIOX  TX  CODE  OP  1897     117 

restrain  the  employment  in  the  mine  of  more  men 
than  are  absolutely  necessary/®* 

The  transportation  industries  have  afforded  a  rich 
field  for  legislation  in  the  line  of  safety  precautions 
against  work  accidents.  A  large  quota  of  injured 
workmen  each  year  has  been  furnished  by  the  rail- 
roads. Prior  to  1897,  however,  very  little  attention 
had  been  paid  to  the  protection  of  life  and  limb  on 
the  common  carriers. ^^'^ 

All  cars  on  every  railroad  in  Iowa  were  to  be  pro- 
vided with  automatic  couplers  by  January  1,  1898, 
and  every  engine  had  to  be  equipped  with  a  ''driver 
brake ' ' ;  while  it  was  made  unlawful  to  run  any  train 
without  a  sufficient  number  of  cars  being  equipped 
with  power  brakes  so  that  the  train  might  be  con- 
trolled by  the  engineer  without  requiring  the  brake- 
men  to  go  between  or  on  top  of  the  cars  to  use  the 
hand  brakes.  The  penalty  for  violation  of  the  act 
was  fixed  at  from  $500  to  $1000  fine  for  each  offense, 
but  this  did  not  apply  to  railroads  hauling  cars  en- 
gaged in  interstate  commerce  and  belonging  to  com- 
panies outside  of  the  State. ^^^ 

In  the  Code  of  1897  there  is  also  the  provision  that 
street  cars,  except  trailers,  used  for  the  transporta- 
tion of  passengers,  must  have  the  front  vestibule  en- 
closed on  three  sides  from  November  first  to  April 
first.  A  fine  of  from  $50  to  $100  was  authorized  for 
each  day's  violation  of  this  law.-"^ 

The  law  in  1897  ordered  the  appointment  by  the 


118  SOCIAL  LEGISLATION  IN  IOWA 

Governor  of  one  or  more  persons  to  inspect  passen- 
ger boats  with  a  capacity  of  over  five  persons  used 
on  inland  waters  of  the  State,  and  not  licensed  by  the 
authority  of  the  United  States.  It  was  their  duty 
to  examine  such  boats  annually  before  the  boating- 
season  at  the  request  of  the  owner  or  master,  and,  if 
found  in  proper  condition,  to  certify  the  number  of 
passengers  that  might  be  carried  and  on  what 
waters.  A  fee  of  one  dollar  for  the  inspection  of 
each  sailboat  was  to  be  charged,  and  for  steamboats 
the  fee  was  from  five  to  ten  dollars  according  to  the 
capacity  of  the  boat.  Every  pilot  and  engineer  was 
required  to  secure  a  license,  which  would  remain  in 
effect  for  five  years  unless  revoked.  Three  dollars 
was  allowed  to  be  charged  as  a  fee  for  granting 
licenses.  The  penalty  in  the  case  of  owners,  agents, 
masters,  pilots,  or  engineers  who  conducted  them- 
selves in  a  manner  incompatible  with  the  intent  of 
the  statute  was  a  fine  of  $1000,  imprisonment  in 
the  county  jail  for  not  exceeding  a  year,  or  both  the 
fine  and  imprisonment.  The  Inspectors  of  Boats 
were  required  to  make  an  annual  report  to  the  Gov- 
ernor.^"^ 

The  antiquated  Common  Law  of  employers'  lia- 
bility was  in  1897  still  the  only  avenue  through  which 
an  injured  workman  could  claim  indemnity.  One 
new  modification,  however,  had  been  made,  this  time 
in  the  doctrine  of  assumption  of  risk  as  applied  to 
railroads.  The  innovation  came  about  in  connection 
with  the  law  requiring  power  brakes  and  automatic 


SOCIAL  LEGISLATION  IN  CODE  OF  1897    119 

couplers  on  railway  trains.  A  workman  injured  by 
the  running  of  trains  not  so  equipped  was  not  to 
forfeit  his  right  to  damages  by  continuing  in  the 
employ  of  the  company,  although  by  so  doing  he 
would  seem  to  have  accepted  the  risk.^°^ 


VIII 

SOCIAL  LEGISLATION  IN  THE  CODE  OF  1897 
AFFECTING  SOCIETY  IN  GENERAL 

LEGISLATION  PERTAINING  TO  PUBLIC  HEALTH 

At  tlie  head  of  the  administrative  forces  of  the 
State  which  make  for  the  preservation  of  health  is 
the  State  Board  of  Health.  The  great  advance  in 
the  direction  of  centralization  marked  by  the  crea- 
tion of  this  board  was  taken  by  the  Eighteenth  Gen- 
eral Assembly  in  1880,  According  to  the  provisions 
of  the  Code  of  1897  the  Board  of  Health  consisted 
of  the  Attorney  General,  the  State  Veterinary  Sur- 
geon, a  civil  engineer,  and  seven  physicians.  Meet- 
ings were  held  in  May  and  November  at  the  capital. 
The  board  had  ''charge  of  and  general  supervision 
over  the  interests  of  the  health  and  life  of  the  citi- 
zens of  the  state ;  matters  pertaining  to  quarantine, 
registration  of  marriages,  births  and  deaths;  au- 
thority to  make  such  rules  and  regulations  and  sani- 
tary investigations  as  it  from  time  to  time  may  find 
necessary  for  the  preservation  and  improvement  of 
the  public  health. ' '  This  body  was  also  given  juris- 
diction over  the  Medical  Examiners  Department, 
and  was  to  review  the  regulations  of  the  State  Veter- 
inary Surgeon  in  regard  to  the  spread  of  infectious 
diseases  among  domestic  animals.    Biennial  reports 

120 


SOCIAL  LEGISLATTOX  TX  CODE  OF  1897    121 

to  the  Governor  containing  such  data  as  might  be 
''thonglit  nsoful  for  dissemination  among  the  people, 
with  suggestions  as  to  further  legislation",  were 
made.  The  secretary  of  the  board  was  allowed  a 
salary  of  $1200  a  year,  but  the  members  themselves 
received  only  their  necessary  expenses.  An  annual 
appropriation  of  $5000  was  the  extent  of  the  finan- 
cial resources  at  the  disposal  of  the  board.^°* 

The  real  work  of  preserving  the  public  health, 
however,  was  left  to  the  local  boards  of  health.  In 
truth  the  efficiency  of  these  local  boards  still  deter- 
mines largely  the  absence  or  prevalence  of  disease 
in  the  State.  They  are  composed  of  the  mayor  and 
council  of  each  town  or  city  and  the  trustees  of  each 
township,  and  a  physician  must  be  appointed  as 
health  officer.  The  duties  of  these  local  health  au- 
thorities as  set  forth  in  the  Code  are  to  regulate  the 
fees  and  charges  of  persons  employed  in  the  execu- 
tion of  health  laws,  to  have  charge  of  all  cemeteries 
not  otherwise  controlled,  to  make  regulations  re- 
specting ''nuisances,  sources  of  filth,  causes  of  sick- 
ness, rabid  animals  and  quarantine",  and  to  main- 
tain sanitary  conditions  in  cellars,  rooms,  tenement 
buildings,  and  places  occupied  as  dwellings.  The 
care  of  infected  persons  is  also  under  the  direction 
of  the  local  boards  of  health.  Meetings  are  re- 
quired to  be  held  on  the  first  Monday  of  April  and 
October  and  at  such  other  times  as  is  necessary.'"^ 
The  regulations  adopted  by  local  boards  must  be 
published  in  some  local  newspaper,  if  there  is  one, 
or  posted  in  five  public  places.    An  annual  report 


122  SOCIAL  LEGISLATION  IN  IOWA 

to  the  State  Board  of  Health  is  also  required.  Ex- 
penses are  paid  by  the  town,  city,  or  township,  and 
the  method  of  obtaining  funds  for  this  purpose  in 
townships  is  by  a  tax  levy.  It  devolves  upon  the 
local  boards  of  health  to  enforce  the  rules  of  the 
State  Board;  while  peace  and  police  officers  must 
also  give  assistance  when  called  upon  to  do  so.  For 
failing  or  refusing  to  comply  with  the  orders  of 
either  the  State  or  local  boards  of  health  there  is  a 
penalty  of  a  forfeiture  of  twenty  dollars  for  every 
day  that  a  person  fails,  neglects,  or  refuses  to  obey.^°® 

In  special  charter  cities  a  somewhat  different  sys- 
tem prevailed  in  1897  and  still  obtains.  There  the 
local  board  of  health  is  composed  of  five  members,  a 
majority  of  whom,  including  the  mayor,  are  mem- 
bers of  the  city  council.  In  general  the  powers  and 
duties  of  these  boards,  although  more  elaborately 
enumerated,  are  identical  with  those  of  other  local 
boards  of  health.  In  such  cities,  however,  failure  to 
comply  with  a  rule  of  the  local  board  is  punishable 
by  a  maxim  fine  of  $100  or  a  jail  sentence  of  thirty 
days.  Monthly  rather  than  semi-annual  business 
meetings  are  required.^" 

Because  their  professions  have  to  do  with  the 
problems  of  public  health  the  Code  of  1897  required 
physicians,  pharmacists,  and  dentists  to  obtain  a  cer- 
tificate of  competency  according  to  prescribed  stand- 
ards before  beginning  to  practice. ^"^ 

Anyone  ''knowingly  exposing  another  to  infec- 
tion from  any  contagious  disease,  or  knowingly  sub- 


SOCIAL  LEGISLATION  IN  CODE  OF  1897    123 

jecting  another  to  the  danger  of  contracting  such 
disease  from  a  child  or  other  irresponsible  person", 
says  the  Code  of  1897,  is  guilty  of  a  misdemeanor 
and  liable  for  damages  resulting.  The  former  regu- 
lations and  penalty  in  regard  to  exposure  to  small- 
pox remained  in  force.  The  maximum  penalty  pre- 
scribed for  placing  a  person  infected  with  diphtheria, 
smallpox,  or  scarlet  fever  upon  a  public  conveyance 
is  $100  fine  or  thirty  days  imprisonment  in  the 
county  ,iail.-°^ 

In  1897  the  local  board  of  health  had  power  to  re- 
move any  person  infected  with  smallpox  or  other 
disease  dangerous  to  the  public  health  to  a  separate 
house,  if  it  could  be  done  without  injury  to  the  pa- 
tient, and  there  provide  nurses,  needful  assistance, 
and  supplies  at  his  expense,  if  able,  or  if  unable,  at 
the  expense  of  the  county.  Should  it  be  impossible 
to  remove  a  person,  the  same  care,  w^ith  like  condi- 
tions as  to  charges  therefor,  was  to  be  furnished 
where  the  patient  was  confined  and  neighbors  could 
be  compelled  to  remove  from  the  vicinity  of  the  in- 
fected house. ^^° 

Another  precaution  with  a  view  to  preventing  the 
spread  of  contagious  disease  was  the  authorization 
of  local  boards  of  health  to  forbid  people  to  congre- 
gate in  schools,  churches,  theaters,  and  other  build- 
ings when  contagious  disease  is  prevalent.  Like- 
wise people  not  vaccinated  may  be  excluded  from 
public  and  private  schools.-^^ 

In  addition  to  the  laws  already  in  existence  con- 
cerning the  care  of  diseased  live  stock  it  was  made 


124  SOCIAL  LEGISLATION  IN  IOWA 

unlawful  for  a  person  to  sell  diseased  swine,  convey 
them  along  a  highway,  or  allow  them  to  escape. 
Those  dying  from  disease  had  to  be  burned.  From 
$5  to  $100  fine,  thirty  days  imprisonment,  or  both 
could  be  imposed  upon  anyone  violating  these  pro- 
visions. Some  modifications  were  made  relating  to 
diseased  cattle  and  the  penalty  changed  to  a  fine  of 
from  $300  to  $1000,  six  months  imprisonment,  or 
both.^^^ 

To  afford  better  control  over  disease  among  do- 
mestic animals  a  State  Veterinary  Surgeon  with 
power  to  inspect,  destroy  (with  the  approval  of  the 
Governor,  and  the  consent  of  the  owner) ,  and  quar- 
antine stock  infected  with  contagious  disease  is 
provided  for  in  the  Code  of  1897.  Local  officials 
notified  the  Governor  when  disease  became  preva- 
lent, and  the  Governor  in  turn  sent  the  State  Veter- 
inary Surgeon  to  the  place  to  take  such  action  as  the 
exigencies  of  the  situation  demanded.  In  order  to 
carry  out  the  purposes  of  the  law  $3000  was  ap- 
propriated annually.  Originally  the  compensation 
of  the  State  Veterinary  Surgeon  was  five  dollars  a 
day  and  expenses  while  on  duty.  Biennial  reports 
are  made  to  the  Governor.^^^ 

In  Iowa,  as  in  most  of  the  American  Common- 
wealths, records  of  births,  deaths,  marriages,  and 
divorces  are  in  a  deplorable  condition,  due  probably 
about  as  much  to  the  multiplicity  of  methods  used 
as  to  incompetency.  The  system  as  found  in  the 
Code  of  1897  makes  it  the  duty  of  assessors  to  report 


SOCIAL  LEGISLATION  IN  CODE  OF  1897     125 

to  the  clerk  of  the  district  court  all  births  and  deaths 
in  their  respective  districts  diirin.ij^  the  year.  It  was 
for  the  clerk  of  the  district  court  to  record  this  data 
ii\o\\ii;  witli  the  record  of  marriages  occurring  in  the 
county  and  to  report  annually  to  the  secretary  of  the 
State' Board  of  ITealth.==^^ 

To  enforce  the  laws  regulating  the  purity  of  food, 
the  only  officer  designated  in  the  Code  was  the  Dairy 
Commissioner,  appointed  by  the  Governor  on  April 
first  of  even-numbered  years.  It  was  his  duty  to 
maintain  a  correct  standard  in  milk-testing  machines, 
to  test  samples  of  milk  sold  in  cities  having  over 
10,000  inhabitants,  to  license  all  milk  dealers  an- 
nually in  such  cities,  to  inspect  the  milk  offered  by 
them  for  sale  at  any  time,  to  enforce  other  require- 
ments relating  to  dairy  products,  and  to  report  his 
activities  to  the  Governor  each  year  by  the  first  of 
November.  For  these  services  the  Dairy  Commis- 
sioner was  allowed  a  salary  of  $1500  and  expenses 
to  the  amount  of  $3000.  He  could  employ  a  clerk  at 
seventy-five  dollars  a  month.  A  system  of  reports 
was  required  from  those  manufacturing  or  selling 
dairy  products. "^^ 

The  provisions  in  the  Code  relative  to  pure  food 
are  divers  and  miscellaneous.  Beginning  with  the 
old  law  prescribing  a  penalty  of  thirty  days  impris- 
onment or  $100  fine  for  selling  unwholesome  pro- 
visions, the  law  defines  various  other  offenses  against 
the  public  health  and  establishes  a  different  penalty 


126  SOCIAL  LEGISLATION  IN  IOWA 

for  each.  For  adulterating  food  or  liquor  that  is  to 
be  sold  a  sentence  of  one  year  in  the  county  jail  or  a 
fine  of  $300  might  be  imposed.  Mixing,  coloring, 
staining,  or  powdering  any  article  of  food  intended 
for  sale  with  any  material  injurious  to  health  was 
forbidden,  and  if  such  treatment  did  not  render  an 
article  injurious  to  health,  before  it  could  be  sold,  it 
w-as  required  that  the  purchaser  should  be  informed 
of  its  true  nature  and  of  the  names  of  the  ingredients 
either  by  the  label  or  by  the  seller.  The  use  of  glu- 
cose and  grape  sugar  without  being  properly  labelled 
was  especially  prohibited.  Anyone  \dolating  these 
provisions  could  be  punished  by  a  fine  of  from  $10 
to  $50  for  the  first  offense,  a  fine  of  from  $25  to  $100 
or  thirty  days  imprisonment  for  the  second,  and  for 
the  third  offense  by  a  fine  of  from  $500  to  $1000  and 
imprisonment  in  the  penitentiary  for  from  one  to 
five  years. -^^ 

A  person  selling  impure  or  skimmed  milk,  skim- 
med-milk  cheese,  unless  so  labelled,  or  cream  below 
standard  was  liable  for  double  damages  to  the  person 
thus  fraudulently  treated  and  subject  to  be  fined 
from  $25  to  $100.  The  ''addition  of  water  or  any 
other  substance  or  thing  to  whole  milk  or  skimmed 
milk  or  partially  skimmed  milk"  was  declared  to  be 
an  adulteration  and  milk  obtained  from  animals  fed 
upon  unhealthy  food,  or  those  having  disease,  sick- 
ness, ulcers,  abcesses  or  running  sores,  or  milk  taken 
fifteen  days  before  or  five  clays  after  parturition  was 
held  to  be  impure  and  unwholesome.  Whole  milk 
was  required  to  contain  three  pounds  of  butter  fat 


SOCIAL  LEGISLATION  IN  CODE  OF  1897     127 

to  one  huiidrod  pounds  of  milk,  and  standard  cream 
was  to  possess  fifteen  percent  of  butter  fat.-'^ 

Imitation  butter  and  cheese,  as  defined  in  the  Code 
of  1897,  are  such  substances  as  are  designed  to  be 
used  in  place  of  butter  and  cheese  made  from  pure 
milk  or  cream  from  cows;  and  tlie  manufacture,  pos- 
session, sale,  transportation,  or  use  in  pubHc  board- 
ing places  of  such  articles  was  held  to  be  unlawful 
unless  they  were  properly  labelled  so  as  to  expose 
their  true  nature.  No  one  was  permitted  to  color 
imitation  butter  or  cheese  or  combine  any  animal 
fat,  vegetable  oil,  or  other  substance  with  butter  or 
cheese.  It  was  further  provided  in  the  Code  that 
lard  made  from  diseased  hogs  should  be  designated 
as  such  and  for  violation  a  fine  of  from  $5  to  $100  or 
thirty  days  confinement  in  the  county  jail  could  be 
imposed.  Lard  made  from  any  materials  other  than 
pure  fat  of  healthy  swine  was  to  be  labelled  "Com- 
pound lard",  giving  the  names  and  proportions  of 
the  ingredients.  If  this  were  not  done  the  offender 
was  to  be  fined  for  the  first  offense  any  amount  from 
$20  to  $50,  and  for  each  subsequent  offense  not  less 
than  $50  or  more  than  $100.'^' 

Labels  on  all ' '  hermetically  sealed,  canned  or  pre- 
served fruits,  vegetables  or  other  articles  of  food, 
not  including  canned  or  condensed  milk  or  cream" 
and  on  all  "soaked  goods,  or  goods  put  up  from  pro- 
ducts dried  or  cured  before  canning"  were  required 
to  bear  the  name,  address,  and  place  of  business  of 
the  person,  firm,  or  corporation  that  canned  or 
packed  the  articles,  and  in  addition  soaked  goods 


128  SOCIAL  LEGISLATION  IN  IOWA 

were  to  be  marked  ''soaked".  Retail  dealers  could 
be  fined  not  over  fifty  dollars  for  each  violation  of 
the  law  and  wholesale  dealers  or  packers  not  less 
than  $500  nor  more  than  $1000.^'" 

To  guard  against  impure  drugs  provision  was 
made  that  no  material  could  be  used  to  mix,  color, 
stain,  or  powder  any  drug  or  medicine  which  would 
render  it  injurious  to  health  or  affect  its  potency. 
If  a  harmless  ingredient  of  this  character  was  added 
the  drug  had  to  be  sold  under  its  true  name.  Viola- 
tion of  these  provisions  subjected  the  offender  to  a 
fine  of  from  $10  to  $50  the  first  time,  to  a  fine  of  from 
$25  to  $100  or  imprisonment  for  thirty  days  for  the 
second  offense,  and  all  subsequent  infringements 
might  result  in  a  fine  of  from  $500  to  $1000  and  im- 
prisonment in  the  penitentiary  for  from  one  to  five 
years.  Registered  pharmacists  are  responsible  for 
the  purity  of  the  drugs  they  sell  and  adulteration  by 
them  constitutes  a  misdemeanor.^^" 

Sanitation  is  a  municipal  problem,  although  the 
power  of  regulation  is  delegated  by  the  State  to 
municipalities  and,  through  the  State  Board  of 
Health,  to  local  boards  of  health.-^^  By  the  Code  of 
1897  cities  are  given  the  power  to  construct  sewers 
for  the  drainage  of  the  city;  to  "deepen,  widen, 
straighten,  wall,  fill,  cover,  alter  or  change  the  chan- 
nel of  any  water  course " ;  to  prevent  injury  or  an- 
noyance from  anything  offensive  or  unhealthy;  to 
destroy  tainted  or  unsound  provisions ;  to  regulate 
slaughter  houses,  renderies,  tallow  candleries  and 


SOCIAL  LEGISLATION  IN  CODE  OF  1897     129 

soap  factories,  bone  factories,  tanneries,  and  manu- 
facturies  of  fertilizers  and  chemicals;  to  reflate 
and  restrain  the  deposit  and  removal  of  all  offensive 
material  and  substances;  to  cause  lots  upon  which 
water  becomes  stagnant  to  be  filled  or  drained;  to 
see  that  drainage  is  preserved;  to  license  plumbers 
and  scavengers;  and  to  regulate  and  inspect  the 
plumbing  connecting  any  building  with  sewers."^ 

The  board  of  health  in  special  charter  cities  is 
specifically  charged  with  a  number  of  kindred  duties. 
It  may  compel  sewer  connection  ;  regulate  the  plumb- 
ing, drainage,  and  ventilation  of  any  building;  and 
cause  filth  and  contagion  to  be  removed  and  unfit 
premises  to  be  cleaned  or  the  occupants  removed 
until  they  are.  Cities  acting  under  special  charters 
may  also  establish  a  public  bath-house  when  the 
board  of  health  declares  it  to  be  essential.-" 

The  Code  of  1897  required  that  two  water  closets 
be  maintained  in  connection  with  every  school 
house."* 

To  the  list  of  nuisances  injurious  to  health  the 
Code  of  1897  adds  opium  and  hasheesh  joints,  im- 
properly constructed  drains,  and  interference  with 
levees,  drains,  and  water  courses.  Local  boards  of 
health  are  empowered  to  examine,  prevent,  remove, 
or  destroy  any  nuisance,  source  of  filth,  or  cause  of 
sickness. "° 

LEGISLATION  PERTAINING  TO  PUBLIC  SAFETY 

Between  1873  and  1897  a  marked  advance  was 
made  in  legislation  the  purpose  of  which  was  to  in- 


130  SOCIAL  LEGISLATION  IN  IOWA 

sure  the  safety  of  the  public.  That  the  public  may 
be  protected  from  the  danger  of  fire,--°  the  meager 
authority  to  maintain  fire  departments  —  although 
that  authority  was  broadened  ^-^  —  which  was  given 
to  cities  and  towns  was  extended  by  the  additional 
power  to  make  regulations  concerning  the  construc- 
tion of  buildings.  They  may  by  ordinance  repair, 
remove,  or  destroy  any  dangerous  buildings;  they 
may  make  regulations  against  danger  from  fire  and 
establish  fire  limits  within  which  all  buildings  must 
have  non-combustible  outer  walls  and  roof ;  they  may 
control  the  erection  of  chimneys,  flues,  fireplaces, 
stovepipes,  ovens,  boilers,  heating  apparatus,  and 
the  use  of  lights  in  shops  and  stables ;  they  may  regu- 
late manufacturies  by  providing  against  danger  from 
fire ;  they  may  regulate  or  prohibit  bonfires  and  the 
use  of  fireworks;  they  may  prevent  the  deposit  of 
combustible  material  in  unsafe  places ;  they  may  re- 
quire the  construction  of  fire  escapes  and  make  regu- 
lations concerning  their  use  and  character ;  they  may 
provide  for  the  inspection  of  steam  boilers  and  regu- 
late and  inspect  the  storage  places  of  explosives; 
and  they  may  prohibit  the  placing  of  lumber  or  wood 
on  any  lot  within  one  hundred  yards  of  a  dwelling 
house. "^ 

The  Code  of  1897  also  makes  provision  that  a 
board  of  public  works  in  cities  with  over  30,000 
population  shall  have  the  power  to  require  the  plans 
of  all  buildings  costing  over  $5000  to  be  submitted 
to  it  for  approval,  and  every  person  must  get  a  per- 
mit from  this  board  to  build  mthin  the  citv  limits. 


SOCIAL  LEGISLATION  IN  CODE  OF  1897     131 

It  also  has  authority  to  determine  the  size,  number, 
and  manner  of  construction  of  fire  escapes,  doors, 
and  stairways  in  theaters,  tenement  houses,  au- 
dience rooms,  and  public  buildings  used  for  the  gath- 
ering of  large  numbers  of  people. ^-^ 

In  special  charter  cities  the  plans  of  all  buildings 
within  the  fire  limits  costing  over  $2000  must  be  ap- 
proved, and  permits  to  l)uild  within  the  city  are 
granted  when  the  specifications  for  plumbing,  drain- 
age, ventilation,  and  electric  wiring  have  been  ap- 
proved by  the  board  of  health  or  electrician."" 

In  the  matter  of  road  rules  the  Code  of  1897  stipu- 
lated that  steam  engines  traveling  on  a  public  road 
must  whistle  and  stop  one  hundred  yards  from  any 
person  with  horses  or  stock,  and  be  preceded  one 
hundred  yards  by  a  competent  person  to  assist  in  the 
case  of  frightened  animals.  Bridges  and  crossings 
must  be  planked  before  crossed  by  an  engine.  Vio- 
lation constituted  a  misdemeanor  and  the  violator 
was  liable  for  damages. "^^ 

Railway  locomotives  must  whistle  twice  before 
coming  within  sixty  rods  of  a  crossing  and  the  bell 
must  be  kept  ringing  continuously  until  the  road  is 
passed.  Whistling  may  be  omitted  in  towns  accord- 
ing to  the  local  ordinance.  Cities  of  over  5000  popu- 
lation may  require  railroads  to  protect  crossings  by 
means  of  gates,  and  those  liaving  7000  inhabitants 
may  demand  viaducts  to  be  built  over  the  tracks."" 

Owing  to  the  necessity  of  protecting  the  public 
from  the  w^rong  use  of  poisons  the  Code  of  1897  con- 


132  SOCIAL  LEGISLATION  IN  IOWA 

tained  the  provision  that  only  registered  pharma- 
cists or  physicians  might  sell  or  dispense  poisons, 
except  such  as  are  contained  in  proprietary  medi- 
cines, domestic  remedies,  concentrated  lye,  and  pot- 
ash if  they  are  labelled  as  being  poisonous,  and  that 
"arsenic  and  its  preparations,  corrosive-sublimate, 
white  precipitate,  red  precipitate,  biniodide  of  mer- 
cury, cyanide  of  potassium,  hydrocyanic  acid,  strych- 
nia and  other  poisonous  vegetable  alkaloids  and  their 
salts,  essential  oil  of  bitter  almonds,  opium  and  its 
preparations  except  paregoric  and  other  prepara- 
tions of  opium  containing  less  than  two  grains  to  the 
ounce  ....  aconite,  belladonna,  colchicum,  con- 
ium,  nux  vomica,  henbane,  savin,  ergot,  cotton  root, 
cantharides,  creosote,  digitalis,  and  the  pharmaceu- 
tical preparations,  croton  oil,  chloroform,  chloral 
hydrate,  sulphate  of  zinc,  mineral  acids,  carbolic 
acid  and  oxalic  acid"  could  be  sold  only  in  usual 
quantities  upon  the  prescription  of  a  physician,  un- 
less they  were  labelled  as  such  and  not  delivered  un- 
til the  party  receiving  them  should  be  aware  of  their 
character  and  proper  use.  A  record  of  the  sale  of 
all  poisons  was  to  be  kept  for  five  years.  The  pen- 
alty for  violation  was  a  fine  of  from  $25  to  $100,  con- 
finement in  jail  for  from  thirty  to  ninety  days,  or 
both.^^^ 

The  primary  purpose  of  the  inspection  of  petro- 
leum products  is  to  insure  the  safety  of  persons  using 
them.  The  original  object  was  to  prevent  the  adul- 
teration of  kerosene  with  gasoline.^^*  In  1897  as 
many  as  fourteen  inspectors  of  petroleum  products 


SOCIAL  LEGISLATION  IN  CODE  OF  1897     133 

could  be  appointed  by  the  Governor  for  a  term  of 
two  years.  Compensation  was  to  be  derived  from 
the  fees  collected,  up  to  the  amount  of  fifty  dollars 
a  month,  and  twenty-five  percent  of  the  fees  over 
that  sum  could  be  appropriated  by  the  inspector  up 
to  a  maximum  compensation  of  $100  a  month.  The 
inspectors  were  under  the  supervision  of  the  State 
Board  of  Health,  and  it  was  their  duty  to  inspect 
all  illuminating  oil  kept  for  sale,  including  gasoline, 
benzine,  and  naphtha.  The  required  standard  was 
that  such  oils  should  not  emit  a  combustible  vapor 
at  a  temperature  of  105  degrees  Fahrenheit.  After 
inspection  oils  were  to  be  branded  as  being  accepted 
or  rejected  according  to  the  result  from  the  test,  and 
all  gasoline  was  to  be  labelled  as  such.  Monthly  re- 
ports to  the  Secretary  of  State  from  each  inspector 
and  biennial  reports  from  the  Secretary  of  State  to 
the  Governor  were  required. 

Those  persons  misbranding  or  adulterating  oil; 
using  it  in  a  dangerous  manner ;  selling  or  using  that 
which  did  not  come  up  to  the  standard,  except  in 
railway  cars,  boats,  and  public  conveyances  or 
where  the  gas  was  generated  in  closed  reservoirs 
outside  the  building  or,  in  the  case  of  products  with 
specific  gravity  between  seventy  and  seventy-five  de- 
grees, in  Welsbach  and  street  lamps,  were  held  lia- 
ble for  damages  for  such  action.  Common  carriers 
were  likewise  held  liable  for  damages  if  they  should 
carry  or  use  on  public  conveyances  any  petroleum 
product  which  would  ignite  at  300  degrees  Fahren- 
heit, open  test. 


134  SOCIAL  LEGISLATION  IN  IOWA 

To  insure  the  proper  administration  of  the  law, 
the  inspectors  could  be  fined  for  neglect  of  duty  all 
the  way  from  $10  to  $1000,  be  imprisoned  in  the 
county  jail  for  six  months,  or  both  fined  and  im- 
prisoned."^ 

LEGISLATION   PEKTAINING  TO   PUBLIC   MORALS 

One  of  the  most  significant  additions  to  the  legis- 
lative code  of  public  morals  in  1897  was  the  prohi- 
bition of  prize  fighting.  It  may  be  indulged  in  only 
at  the  risk  of  a  fine  of  from  $100  to  $1000,  imprison- 
ment in  the  penitentiary  for  not  longer  than  a  year, 
or  both;  while  those  who  assist  in  any  prize  fight 
may  be  fined  not  over  $500  or  put  in  jail  for  not 
longer  than  one  hundred  and  fifty  days.  Peace  of- 
ficers may  require  security  to  keep  the  peace  from 
those  thought  to  be  about  to  engage  in  a  prize  fight. 
For  the  use  or  granting  the  use  of  any  building  to 
be  used  for  showing  pictures  of  a  prize  fight  there 
is  a  penalty  of  from  $500  to  $1000  fine,  imprison- 
ment in  the  county  jail  for  from  thirty  days  to  one 
year,  or  both  the  fine  and  imprisonment ;  while  any- 
one assisting  in  showing  such  pictures  may  be  fined 
not  less  than  $50  nor  more  than  $100  or  imprisoned 
for  not  over  thirty  days  for  each  offense.^^^ 

In  the  Code  of  1897  the  sale,  publication,  and  dis- 
tribution of  obscene  books,  pictures,  or  songs  mani- 
festly tending  to  corrupt  the  morals  of  youth  are 
prohibited  on  penalty  of  confinement  for  a  year  in 
the  penitentiary  or  a  fine  of  $1000.     A  fine  of  not 


SOCIAL  LEGISLATION  IX  CODE  OP  1897     135 

less  than  $50  or  inoro  than  $1000,  imprisonment  in 
the  county  jail  for  not  longer  than  a  year,  or  both, 
might  be  imposed  upon  anyone  possessing  for  sale 
or  distribution  any  indecent  literature,  articles  of 
immoral  use,  or  advertisenicnts  of  them.  The  same 
penalty  is  prescribed  for  circulating  such  articles  or 
advertisements  through  the  mails  or  for  knowingly 
conveying  them.  Newspapers  are  prohibited  from 
printing  or  publishing  any  advertisement  of  a  medi- 
cine or  instrument  purporting  to  be  a  cure  of  ve- 
nereal disease,  and  in  this  case  again  the  above  pen- 
alty accompanies  violation. 

To  prevent  minors  from  coming  into  possession, 
selling,  or  distributing,  or  even  seeing  magazines, 
pamphlets,  or  story  papers  mainly  composed  of 
police  reports  and  deeds  or  pictures  of  crime,  im- 
morality, and  lust,  those  who  sell  or  distribute  such 
literature  or  engage  or  permit  a  minor  to  do  so  may 
be  fined  from  $50  to  $500,  put  in  jail  for  six  months, 
or  be  both  fined  and  imprisoned.  Magistrates  and 
police  judges  may  issue  warrants  to  search  for,  seize, 
and  cause  to  be  destroyed  any  of  the  immoral  liter- 
ature or  articles  mentioned. 

The  display  of  any  obscene  or  impure  decorations, 
inscriptions,  or  placards  in  a  saloon  operating  by 
virtue  of  having  complied  with  the  mulct  law  is  for- 
bidden. Anyone  playing  a  phonograph  record  which 
contains  obscene  or  immoral  language  may  be  fined 
not  exceeding  $1000  or  imprisoned  in  the  peniten- 
tiary for  not  more  than  a  year.  Finally,  the  Code 
provides  that  a  person  using  blasphemous  or  ob- 


136  SOCIAL  LEGISLATION  IN  IOWA 

scene  language  in  public  shall  be  subject  to  be  either 
fined  an  amount  less  than  $100,  imprisoned  for  not 
more  than  thirty  days,  or  both.-^^ 

The  only  addition  to  the  list  of  offenses  against 
chastity  included  in  the  Code  of  1897  was  that  of 
sodomy,  for  the  commission  of  which  there  was  pre- 
scribed a  penalty  of  not  more  than  ten  years  nor 
less  than  one  year  in  the  penitentiary ;  but  it  was  left 
for  the  Twenty-ninth  General  Assembly  to  define  the 
offense."^^ 

Prostitution  may  now  be  indulged  in  only  at  the 
risk  of  being  incarcerated  in  the  penitentiary  for  a 
term  of  five  years.  Furthermore,  the  penalty  for 
enticing  away  a  girl  for  the  purpose  of  prostitution 
was  increased  to  five  years  in  the  penitentiary,  or 
one  year  in  jail  and  a  fine  of  not  exceeding  $1000; 
while  the  age  limit  of  the  victim  to  which  this  offense 
applied  was  raised  from  fifteen  to  eighteen.  The 
provision  in  connection  with  the  operation  of  mulct 
saloons  which  prohibits  the  employment  of  women 
therein  is  primarily  for  the  purpose  of  suppressing 
prostitution."^^ 

The  penalty  for  keeping  a  house  of  ill  fame  was 
changed  in  1884  to  a  term  of  from  six  months  to 
five  years  in  the  penitentiary.  Like^\4se  anyone  en- 
ticing or  inveigling  a  virtuous  or  reformed  woman 
to  a  house  of  ill  repute  could  be  sentenced  to  the  peni- 
tentiary for  a  period  of  from  three  to  ten  years; 
while  anyone  resorting  to  or  living  in  such  a  place 


SOCIAL  LEGISLATION  IN  CODE  OF  1897     137 

runs  the  risk  of  serving  a  term  of  five  years  in  the 
penitentiary.  Cities  and  towns  could  by  ordinance 
not  only  suppress  and  restrain  disorderly  houses 
but  could  punish  the  keepers  and  those  who  resorted 
thereto  as  well.'*" 

Paradoxical  as  it  may  seem,  in  1897  —  and  in  fact 
it  is  the  present  status  of  the  liquor  problem  in 
Iowa  —  the  statutes  of  the  State  both  prohibited  ab- 
solutely the  manufacture  and  sale  of  intoxicating 
beverages  and  provided  for  a  tax  on  the  illegal  sale 
and  manufacture  of  the  same.  The  situation  has 
been  characterized  as  ''an  instance  of  political  acro- 
batism  that  is  without  a  parallel  in  history."  '*^ 

The  Code  of  1897  provides  the  penalty  of  a  fine  of 
from  $50  to  $100  for  the  first  offense  of  manufactur- 
ing or  selling  liquor  and  for  subsequent  violations 
the  fine  is  from  $300  to  $500  or  imprisonment  for  not 
exceeding  six  months.  Whoever  erects  or  uses  a 
building  for  the  sale  of  liquor  is  declared  to  be 
guilty  of  a  nuisance  and  subject  to  be  fined  from 
$300  to  $1000,  while  the  building  as  a  nuisance 
may  be  abated  in  a  manner  similar  to  that  pro- 
vided in  the  case  of  houses  of  ill  fame.  For 
the  second  offense  of  maintaining  a  nuisance  in 
the  same  county  the  penalty  is  confinement  in 
the  county  jail  for  not  less  than  three  months  nor 
more  than  one  year.  In  tlie  Code  authority  is  also 
given  to  the  proper  officials  to  issue  search  warrants 
for  the  seizure  of  liquor  believed  to  be  kept  and  sold 


138  SOCIAL  LEGISLATION  IN  IOWA 

illegally,  to  try  the  case,  and  to  destroy  the  liquor 
and  the  vessels  containing  it  if  the  case  against  the 
offender  is  proved. 

Fines  and  costs  constitute  a  lien  on  any  property 
or  sureties,  except  a  homestead,  possessed  by  an  of- 
fender. Contracts  for  the  illegal  sale  of  liquor  are 
void.  An  owner  upon  whose  property  any  violation 
of  the  liquor  law  is  committed  by  a  tenant  may  ter- 
minate the  lease  within  thirty  days.  Finding  liquor 
in  the  possession  of  one  not  authorized  to  sell  it  or 
in  unusual  quantities  in  a  private  dwelling,  or  the 
display  of  a  United  States  revenue  stamp  is  pre- 
sumptive evidence  of  violation  of  the  law.  Peace 
officers  are  entrusted  with  the  enforcement  of  liquor 
regulations  and  to  so  interpret  them  as  to  prevent 
evasion. 

Provision  is  made  in  the  Code,  however,  that  a 
registered  pharmacist,  a  citizen  of  the  United  States 
and  Iowa,  who  has  conducted  a  pharmacy  six  months 
in  the  locality  where  he  expects  to  sell  intoxicating 
liquor,  who  has  not  violated  the  liquor  laws  in  the 
two  years  preceding,  who  does  not  keep  a  hotel,  eat- 
ing-house, saloon,  restaurant,  or  place  of  public 
amusement,  who  is  not  addicted  to  the  use  of  intoxi- 
cating liquor,  and  who  desires  to  do  a  lawful  busi- 
ness, may  petition  and  secure  a  permit  to  sell  intoxi- 
cating liquor  for  medical  purposes  upon  giving  bond 
and  taking  oath  to  abide  by  the  law.  Such  pharma- 
cists must  keep  a  record  of  all  purchases  and  sales 
and  are  required  to  have  those  purchasing  liquor  sign 
a  statement  as  to  its  use,  the  place  of  residence  of  the 


SOCIAL  LEGISLATION  IN  CODE  OF  1897     139 

purchaser,  whether  he  or  she  is  of  age,  and  that  the 
intoxicating  liquor  is  not  to  be  used  as  a  beverage. 
Permit-holders  are  given  the  right  to  ship  liquor  to 
registered  pharmacists  and  manufacturers  of  pro- 
prietary medicines.  Illegal  sales  by  a  permit-holder 
are  punishable  in  the  same  manner  as  in  the  instance 
of  any  other  person  and  operate  to  the  revocation 
of  the  permit  as  well  as  the  offender's  certificate  of 
registration  as  a  pharmacist,  should  the  Commis- 
sioners of  Pharmacy  deem  such  action  advisable.  No 
more  than  two  registered  pharmacists  may  be  em- 
ployed by  a  permit-holder  to  sell  intoxicating  liquor. 

The  Code  forbids  common  carriers  to  transport 
intoxicating  liquor  on  penalty  of  a  $100  fine,  without 
a  certificate  from  the  clerk  of  the  court  showing  that 
the  consignee  is  a  permit-holder,  and  false  state- 
ments on  the  part  of  any  person  as  to  the  contents 
of  a  vessel  or  box  containing  liquor,  made  in  an  en- 
deavor to  get  it  shipped,  may  likewise  be  punished 
by  a  fine  of  $100,  No  packages  containing  liquor 
may  be  carried  unless  they  are  properly  labelled  as 
such.-" 

Such  is  the  law  in  the  Code  prohibiting  the  manu- 
facture and  sale  of  liquor.  But  that  body  of  sta- 
tutes also  contains  a  mulct  tax  law  which  permits 
the  illegal  sale  and  manufacture  of  intoxicating 
liquor  upon  the  payment  of  a  fine  and  upon  the 
consent  of  a  certain  number  of  voters.  In  cities  of 
5000  or  more  inhabitants  the  payment  of  a  tax  of 
$600  annually,  or  more  at  the  discretion  of  the  muni- 
cipality, by  all  persons  engaged  in  the  sale  of  in- 


140  SOCIAL  LEGISLATION  IN  IOWA 

toxicating  liquors  as  a  beverage  or  by  the  owner  of 
the  property  where  such  business  is  carried  on,  con- 
stitutes a  bar  to  proceedings  under  the  prohibitory 
law,  in  case  there  should  be  filed  with  the  county 
auditor  a  written  statement  of  consent  signed  by  a 
majority  of  the  voters  residing  in  such  a  city  who 
voted  at  the  last  general  election.  Moreover,  the 
person  paying  the  tax  must  file  a  resolution  of  con- 
sent from  the  council  and  adjacent  property-owners ; 
must  not  be  a  local  official;  must  not  maintain  his 
saloon  within  three  hundred  feet  of  a  church  or 
school  house  or  within  one-half  mile  of  a  fair ;  must 
give  bond  for  the  faithful  observance  of  the  mulct 
tax ;  must  maintain  the  place  of  sale  in  a  single  room 
with  but  a  front  entrance,  and  with  the  bar  in  view 
of  the  street  and  the  room  free  from  chairs,  benches, 
and  obscene  pictures;  must  conduct  the  business  in 
an  orderly  manner,  permit  no  gambling  nor  amuse- 
ments in  connection  therewith,  and  employ  no  wo- 
men; must  exclude  all  minors,  drunkards,  and  in- 
toxicated persons;  and  must  open  not  earlier  than 
five  in  the  morning  and  close  not  later  than  ten  in  the 
evening.  The  same  provision  holds  true  in  towns 
of  less  than  5000  inhabitants  except  that  here  the 
statement  of  consent  must  be  signed  by  sixty-five 
percent  of  the  voters  residing  within  the  county  but 
outside  of  the  corporate  limits  of  cities  having  a 
population  of  5000  or  over.  The  tax  constitutes  a 
lien  upon  all  property,  both  personal  and  real,  used 
in  or  connected  with  the  business.     The  revenue  de- 


SOCIAL  LEGISLATION  IN  CODE  OF  1897     141 

rived  from  this  tax  is  paid  into  the  county  treasury, 
ono-half  i^oin.c:  to  the  general  county  fund  and  one- 
half  to  the  municipality  or  township  where  the  tax  is 
collected.  It  is  especially  stipulated,  however,  that 
nothing  in  the  law  is  to  be  construed  as  *'to  mean 
that  the  business  of  the  sale  of  intoxicating  liquors 
is  in  any  way  legalized,  nor  as  a  license". 

Consent  to  manufacture  liquor  can  be  granted,  ac- 
cording to  the  Code,  only  in  cities  and  towns  which 
have  in  a  similar  manner  granted  permits  to  sell. 
Such  manufacturing  establishments,  however,  must 
not  be  within  three  hundred  feet  of  any  school,  col- 
lege, or  place  of  worship,  nor  is  drinking  or  retailing 
permissible  therein.'*^ 

The  sale  of  liquor  within  a  mile  of  military  en- 
campments is  a  misdemeanor.  The  punishment  for 
becoming  intoxicated  is  now  between  five  and 
twenty-five  dollars,  or  imprisonment  in  the  county 
jail  for  not  over  thirty  days.  Any  citizen  of  the 
county  who  files  information  of  the  existence  of  an 
establishment  selling  or  giving  intoxicating  liquor  to 
minors,  inebriates,  or  intoxicated  persons  is  entitled 
to  one-half  of  the  fine  collected,  as  a  reward :  the 
other  half  is  turned  into  the  school  fund.  The  use 
or  sale  of  liquor  in  a  club-room  is  punishable  by  a 
fine  of  from  $100  to  $500  or  imprisonment  in  jail  for 
from  thirty  days  to  six  months.-" 

The  only  regulation  of  the  sale  of  tobacco  to  be 
found  in  the  Code  of  1897  is  that  which  prohibits  the 
sale  or  giving  of  tobacco  in  any  form  to  any  minor 


142  SOCIAL  LEGISLATION  IN  IOWA 

under  sixteen  years  of  age  without  the  written  order 
of  his  parent  or  guardian.  The  penalty  imposed  is 
a  fine  of  from  $5  to  $100.-*= 

The  situation  in  regard  to  the  manufacture  and 
sale  of  cigarettes  is  somewhat  similar  to  that  of  in- 
toxicating liquors.  The  manufacture,  sale,  or  giv- 
ing away  of  cigarettes  or  cigarette  papers  is  prohib- 
ited in  the  Code  of  1897  and  whosoever  is  guilty  of 
so  doing  is  liable  to  a  fine  of  from  twenty-five  to  fifty 
dollars  for  the  first  offense,  and  for  subsequent  of- 
fenses a  fine  of  not  more  than  $500  nor  less  than 
$1000,  or  imprisonment  for  not  exceeding  six  months 
is  the  penalty.  Moreover,  a  mulct  tax  of  $300  a 
year,  in  addition  to  all  other  taxes  and  penalties,  to 
be  collected  and  distributed  in  the  same  manner  as 
the  liquor  mulct  tax,  but  not  constituting  a  bar  to 
prosecution  as  does  the  payment  of  the  liquor  tax,  is 
supposed  to  be  assessed  against  every  person  or  firm 
manufacturing,  selling,  or  giving  away  cigarettes.^*^ 

The  operation  of  an  opium-smoking  establishment 
or  the  use  of  opium  or  its  preparations  in  such  a 
place  is  declared  to  be  a  misdemeanor  punishable  by 
a  fine  of  not  exceeding  $500,  by  imprisonment  for  not 
longer  than  six  months,  or  by  both.  Furthermore, 
opium  joints  are  deemed  to  be  nuisances  subject  to 
abatement,  and  cities  and  towns  have  power  to  sup- 
press, restrain,  and  prohibit  them,  and  to  punish  the 
keepers  and  persons  resorting  thereto.^*^ 

To  ameliorate  as  much  as  possible  the  influence  of 
certain  institutions  and  conditions  that  tend  to  con- 


SOCIAL  LEGISLATION  IN  CODE  OF  1897     143 

taminate  and  vitiate  the  youth,  minors  are  not  al- 
lowed in  any  "billiard  hall,  beer  saloon  or  nine  or 
ten  pin  alley"  and  anyone  permitting  them  to  re- 
main in  such  places  is  supposed  to  be  fined  from  $5 
to  $100  or  put  in  jail  for  not  over  thirty  days. 
Neither  is  it  permissible  to  sell  or  give  a  "pistol,  re- 
volver or  toy  pistol"  to  any  minor,  and  the  fine  in 
this  case  is  from  $25  to  $100,  while  the  maximum 
term  of  imprisonment  is  thirty  days.^*® 

Cities  and  towns  may  "regiilate,  license,  tax  or 
prohibit  billiard  saloons,  billiard  tables,  pool  tables, 
and  all  other  tables  kept  for  hire;  bowling  alleys 
and  shooting  galleries  or  places".  No  gambling  is 
allowed  in  mulct  saloons.  Anyone  selling  pools,  per- 
mitting it  to  be  done  on  his  property,  or  any  stake- 
holder may  be  fined  as  high  as  $1000,  imprisoned  for 
a  year,  or  both.  Dealing  in  options  and  the  opera- 
tion of  "bucket  shops"  are  prohibited  on  penalty  of 
a  fine  of  from  $100  to  $500,  imprisonment  for  from 
thirty  days  to  a  year,  or  both  the  fine  and  imprison- 
ment."^ 


PART  II 

SOCIAL  LEGISLATION  IN  IOWA 
1898-1914 


IX 

GENERAL  LEGISLATION  CONCERNING 
INSTITUTIONS 

Groat  as  was  tlio  increase  in  social  legislation  be- 
tween 1873  and  1897,  the  seventeen  years  which  have 
elapsed  since  that  time  have  been  vastly  more  in- 
dicative of  the  development  of  public  concern  for 
social  welfare  in  Iowa.  Indeed,  since  1900  every- 
where in  the  United  States  the  trend  has  been  to 
prevent  the  appearance  of  conditions  unfavorable 
to  the  general  welfare.  Not  that  preventive  meas- 
ures have  superseded  the  remedial  legislation  char- 
acteristic of  the  preceding  period  —  for  as  a  matter 
of  fact  there  has  been  an  increased  endeavor  to  rem- 
edy existing  evils  —  but  there  has  been  a  truer  sense 
of  social  justice  which  has  so  tempered  the  public 
conscience  and  broadened  the  vision  of  social  possi- 
bility that  many  recent  statutes  have  aimed  to  re- 
move the  causes  of  undesirable  conditions  rather 
than  to  remedy  apparent  evils. 

Very  much  of  the  legislation  relating  to  depend- 
ents, defectives,  and  delinquents  has  to  do  with  their 
care  and  custody  in  the  various  institutions.  Con- 
sequently some  of  the  laws  apply  to  all  these  institu- 
tions and  classes  in  common.     At  the  end  of  the  last 

147 


148  SOCIAL  LEGISLATION  IN  IOWA 

century  Iowa  felt  the  general  movement  toward  cen- 
tralization of  the  administration  of  charities  and 
correction.  The  result  appears  in  the  most  con- 
spicuous piece  of  legislation  that  affects  dependents, 
defectives,  and  delinquents  —  namely,  in  the  estab- 
lishment of  the  State  Board  of  Control. 

In  1898  the  Governor  was  authorized  to  appoint 
three  electors  of  the  State  who  should  constitute  a 
*' board  of  control  of  state  institutions"  which  was 
to  have  "full  power  to  manage,  control,  and  govern, 
subject  only  to  the  limitations  contained  in  this  act, 
the  soldiers'  home;  the  state  hospitals  for  the  in^ 
sane;  the  college  for  the  blind;  the  school  for  the 
deaf;  the  institution  for  the  feeble-minded;  the  sol- 
diers' orphans'  home;  the  industrial  home  for  the 
blind;  the  industrial  school,  in  both  departments; 
and  the  state  penitentiaries."^^" 

Prior  to  this  time  the  management  of  these  institu- 
tions had  been  vested  in  various  boards  of  trustees 
and  commissioners  for  each  institution.  The  Gov- 
ernor and  Executive  Council  were  in  charge  of  the 
penitentiaries.  But  with  the  advent  of  the  State 
Board  of  Control  "all  the  powers  heretofore  vested 
in  or  exercised  by  the  several  boards  of  trustees,  the 
governor,  or  the  executive  council  with  reference  to 
the  several  institutions"  were  assumed  and  exer- 
cised by  it.  Since  1898  the  College  for  the  Blind 
has  been  transferred  to  the  jurisdiction  of  the  State 
Board  of  Education;  the  Industrial  Home  for  the 
Blind  has  been  discontinued;  while  the  Reformatory 
for  Females,  the  Hospital  for  Inebriates,  the  Hos- 


LEGISLATION  CONCERNING  INSTITUTIONS  149 

pital  for  Female  Inebriates,  the  Colony  for  Epilep- 
tics, the  Sanatorium  for  the  Treatment  of  Tuber- 
culosis, and  a  State  Custodial  Farm,  together  with 
increased  authority  over  divers  local  institutions 
caring  for  the  same  classes  of  people  have  been  add- 
ed to  the  care  of  the  Board  of  Control. 

Each  member  of  the  Board  is  appointed  for  a  term 
of  six  years,  receives  $3000  a  year  in  salary,  and  de- 
votes his  whole  time  to  the  duties  of  his  office.  The 
Board  employs  a  secretary  at  a  salary  not  exceeding 
$2000  a  year,  and  in  1900  provision  was  made  for  the 
appointment  of  a  member  of  the  Board  as  acting  sec- 
retary during  the  absence  or  disability  of  the  sec- 
retary.-''^ It  is  the  duty  of  the  Board  to  visit  and 
inspect  each  institution  once  every  six  months  and 
make  a  biennial  report  to  the  Governor  and  legis- 
lature not  later  than  November  fifteenth  of  the  year 
preceding  the  meeting  of  the  General  Assembly. 
Estimates  for  appropriations,  suggestions  for  legis- 
lation, and  the  daily  record  of  each  institution  are 
included.  Statements  of  the  cost  of  maintenance 
are  required  annually. 

In  regard  to  the  finances  and  support  of  the  vari- 
ous institutions  the  Board,  in  the  first  place,  requires 
a  uniform  system  of  records  and  accounts.  The 
power  to  fix  the  salaries  of  all  officers  and  employees 
in  the  several  institutions  is  vested  in  the  Board, 
unless  the  compensation  is  determined  by  the  Gen- 
eral Assembly.  Funds  for  the  support  of  the  insti- 
tutions, witli  the  exception  of  a  contingent  fund  of 
$250  in  the  hands  of  the  managing  officer,  are  drawn 


150  SOCIAL  LEGISLATION  IN  IOWA 

monthly  from  the  State  Treasury,  based  upon 
monthly  estimates  approved  by  the  Board  of  Con- 
trol. Monthly  abstracts  of  the  expenses  for  the  pre- 
ceding month  are  made  by  the  commissary  officer  to 
the  Board  of  Control  and  a  complete  inventory  of 
the  stock  and  supplies  of  each  institution  must  be 
reported  annually  by  the  chief  executive  officer. 
Supplies  to  last  thirty  days  may  be  purchased  on  the 
approved  estimates  of  the  Board  of  Control ;  and  if 
purchase  in  bulk  for  use  longer  than  thirty  days  is 
deemed  feasible,  contracts  may  be  entered  into  by 
the  proper  officers  of  the  institutions  or  by  the  repre- 
sentative of  one  institution  acting  for  the  others. 
Such  contracts  are  let  on  a  competitive  basis,  but 
local  dealers  are  given  preference  if  it  can  be  done 
without  loss  to  the  State.  In  1900  provision  was 
made  so  that  the  Board  of  Control  may,  without  esti- 
mates being  made,  order  supplies  to  be  purchased 
for  one  institution  from  another  under  its  control. '^^ 
For  improvements  costing  more  than  $1000  the 
Board  must  secure  plans  before  making  recom- 
mendations for  appropriations,  and  no  expenditure 
of  an  appropriation  for  any  amount  is  allowed  until 
suitable  plans  and  specifications  have  been  secured, 
A  State  Architect  may  be  employed  for  this  purpose 
at  a  salary  not  exceeding  $3000  a  year.  No  build- 
ings or  improvements  may  be  constructed  which  con- 
template a  cost  greater  than  the  amount  of  the  ap- 
propriation. All  contracts  for  the  construction  of 
improvements  must  be  let  by  the  chief  executive  of- 
ficer of  the  institution  where  they  are  made,  with 


LEGISLATION  CONCERNING  INSTITUTIONS  151 

the  approval  of  the  Board  of  Control.  In  certain 
cases  the  labor  of  inmates  may  be  utilized  if  it  would 
be  advantageous  to  the  State. 

The  possibility  of  any  officer  or  employee  connect- 
ed with  any  of  the  State  institutions  exerting  a  polit- 
ical influence  or  receiving  any  gratuity  or  contribu- 
tion which  might  prejudice  him  in  the  purchase  of 
supplies  is  carefully  guarded  against.  This  provi- 
sion was  broadened  in  1900  to  include  any  em- 
ployee of  the  Board  of  Control  as  well  as  those  of 
the  institutions,  and  at  the  same  time  officers  and 
employees  connected  with  State  institutions  were 
protected  from  solicitation  for  political  funds  by 
making  that  act  a  misdemeanor.-" 

Further  powers  of  the  Board  of  Control  fixed  by 
the  act  of  establishment  are  the  holding  of  quarterly 
conferences  with  the  executive  officers  of  each  insti- 
tution at  which  matters  of  administration  are  dis- 
cussed ;  ^^*  the  collection  of  information  in  regard  to 
the  best  methods  of  treatment  of  dependent,  defect- 
ive, and  delinquent  classes  and  the  publication  of 
such  information  in  bulletin  form ;  the  districting  of 
the  State  into  divisions  from  which  certain  institu- 
tions may  receive  inmates  or  patients ;  the  power  of 
compelling  the  executive  officers  of  the  institutions 
to  provide  adequate  fire  protection ;  the  power  to 
make  further  rules  and  requirements  necessary  for 
the  proper  administration  of  the  various  institu- 
tions; and  the  power  to  appoint  for  a  term  of  four 
years,  subject  to  removal,  the  several  executive  of- 
ficers of  the  institutions,  wlio  have  the  same  qual- 


152  SOCIAL  LEGISLATION  IN  IOWA 

ifications  and  duties  as  before,  except  as  these  qual- 
ifications and  duties  were  modified  by  the  act  creat- 
ing the  Board  of  Control. 

Some  specific  powers  are  designated  in  regard  to 
the  care  of  the  insane,  and  the  Board  was  given  the 
task  of  thoroughly  investigating  the  management 
and  the  estimates  for  improvements  of  the  State  Uni- 
versit}-^,  the  State  Normal  School,  and  the  State  Col- 
lege of  Agriculture  and  Mechanic  Arts.  This  last 
duty,  however,  was  discontinued  in  1909  with  the 
establishment  of  the  State  Board  of  Education.-^^ 

The  original  act  of  the  Twenty-seventh  General 
Assembly  also  provided  that  the  Board  of  Control 
should  keep  a  "record  showing  the  residence,  sex, 
age,  nativity,  occupation,  civil  condition  and  date  of 
entrance  or  commitment  of  every  person,  patient,  in- 
mate, or  convict",  together  with  data  concerning  his 
discharge  or  transfer.  The  chief  executive  of  each 
institution  was  to  appoint  and  discharge  all  the  as- 
sistants and  employees.  The  act  also  abolished  the 
office  of  local  treasurer  in  the  institutions  and  pro- 
vided that  all  funds  on  hand  should  be  turned  over 
to  the  State  Treasurer  in  accordance  with  the  new 
plan. 

Another  law  which  applies  to  all  the  eleemosynary 
institutions  of  the  State  supported  by  public  funds 
is  that  of  1906  which  guarantees  to  all  inmates  of 
such  institutions  the  free  exercise  of  religious  wor- 
ship, grants  to  clergymen  of  the  creed  preferred  ac- 
cess to  each  inmate,  and  permits  an  inmate  to  engage 
in  an  hour's  religious  service  on  the  first  day  of  the 


LEGISLATION  CONCERNING  INSTITUTIONS  153 

week.     Minors  maj*  make  a  clmrcli  preference  with 
the  approval  of  their  parents  or  guardian."® 

Finally,  the  Thirty-fifth  General  Assembly  passed 
an  act  levying  an  annual  tax  of  one-half  a  mill  on  the 
dollar  of  the  assessed  valuation  of  the  taxable  prop- 
erty of  the  State  for  a  period  of  five  years  beginning 
in  1913.  It  is  to  be  paid  into  the  State  Treasury 
and  placed  to  the  credit  of  the  "Iowa  soldiers'  home, 
Iowa  soldiers'  orphans'  home,  school  for  the  deaf, 
institution  for  feeble-minded  children,  state  sani- 
torium  for  the  treatment  of  tuberculosis,  state  indus- 
trial schools,  state  hospitals,  penitentiary,  reforma- 
tory, Iowa  industrial  reformatory  for  females,  dis- 
trict custodial  farm,  and  state  colony  for  epileptics," 
for  the  purpose  of  making  improvements,  the  pur- 
chase of  land,  and  the  establishment  of  industries  in 
the  above  institutions.  But  none  of  these  levies  may 
be  expended  by  the  Board  of  Control  in  buildings 
costing  over  $5000  without  first  obtaining  the  ap- 
proval of  the  General  Assembly  to  the  plans.  In 
case,  however,  alterations  are  desirable  afterward, 
when  the  General  Assembly  is  not  in  session,  the 
sanction  of  the  Executive  Council  will  be  sufficient 
authorit}'  if  the  proposed  alteration  does  not  involve 
an  expenditure  of  more  than  $25,000  on  any  one 
building.  An  exception  to  the  last  condition  would 
occur  in  case  of  fire  or  accident.-" 


LEGISLATION    CONCERNING   DEPENDENTS 

POOE  EELIEF 

Since  1897  changes  in  the  law  regulating  poor  re- 
lief have  been  of  a  minor  character.  The  first  new 
legislation  along  this  line  was  in  regard  to  the  power 
of  public  corporations  to  accept  benevolent  gifts  or 
bequests :  school  corporations  were  included  along 
with  counties,  cities,  and  towns  in  1900.^^^  In  1909, 
counties,  cities,  and  towns  were  given  power  to  levy 
a  tax,  not  exceeding  three  mills  on  the  dollar  of  the 
assessed  property  of  the  municipality,  for  the  main- 
tenance of  benevolent  institutions,  including  hos- 
pitals, received  by  gift  or  devise,  if  upon  submission 
at  an  election  such  a  proposition  should  receive  a 
majority  vote.  The  governing  board  of  the  munici- 
pality may  discontinue  the  levy  of  the  tax  if  the 
property  is  destroyed  by  the  elements  and  there  is 
no  fund  for  rebuilding,  or  if  after  five  years  further 
support  is  voted  down  by  sixty-five  percent  of  the 
votes  cast,  the  resubmission  of  the  proposition  hav- 
ing been  initiated  by  the  governing  board  or  ordered 
by  a  petition  of  twenty-five  percent  of  the  electors. '^^ 

In  the  same  year  the  tax  rate  for  the  support  of 
the  poor  was  raised  from  one  to  two  mills,  and 
the  name  ''county  home"  substituted  for  "poor 
house".''" 

154 


LEGISLATION  CONCERNING  DEPENDENTS  155 

The  only  other  piece  of  legislation  having  to  do 
M'ith  poor  relief  since  1897  was  the  work  of  the  Thir- 
ty-fiftli  General  Assembly.  This  law  requires  that 
all  organizations,  institutions,  or  cliaritable  associa- 
tions which  solicit  public  donations  in  Iowa  must  ob- 
tain a  State  license  from  the  Secretary  of  State. 
The  purpose  is  to  prevent  frauds  in  the  collection  of 
money  for  charitable  purposes.  Churches  and 
schools  or  church  or  school  societies  are  not,  how- 
ever, included.  A  fine  of  one  hundred  dollars  or  im- 
prisonment for  thirty  days  in  the  county  jail  is  the 
maximum  penalty  for  soliciting  funds  without  a 
license,  or,  if  under  a  license,  for  diverting  them  to 
a  use  other  than  that  for  which  they  were  contrib- 
uted.'«^ 

CONTRIBUTORY  DEPENDENCY 

While  juvenile  courts  had  been  established  in  1904 
it  was  not  until  1909  that  there  was  any  legislation 
which  struck  at  the  source  of  the  difficulty  of  pro- 
tecting and  promoting  the  welfare  of  children  in 
Iowa.  In  that  year  an  act  was  passed  by  the  Thirty- 
third  General  Assembly  which  made  it  possible  for 
action  to  be  taken  against  persons  contributing  to 
the  dependency  or  neglect  of  a  child. -'^- 

"When  a  child  is  found  to  be  dependent  or  neglect- 
ed, those  persons  ''having  the  care,  custody,  or  con- 
trol of  such  child",  or  any  others  who  encourage, 
counsel,  contribute  to,  or  are  responsible  for  the  neg-. 
lect  of  tlie  child,  by  wilful  omission  or  neglect  of 
duty,  are  guilty  of  contributory  dependency  and 
may  be  proceeded  against  in  the  district  court  ac- 


156  SOCIAL  LEGISLATION  IN  IOWA 

cording  to  the  method  pursued  in  equity  cases.  If 
the  person  is  found  guilty  he  may  be  released  on  pro- 
bation for  two  years,  a  bond  being  required  which, 
if  not  executed  within  the  time  set  by  the  court,  ren- 
ders the  person  liable  to  be  committed  to  jail  until 
it  is  paid.  Should  the  court's  order  or  the  terms  of 
the  bond  be  violated  during  the  two  years,  the  county 
attorney  may  recover  the  bond,  in  which  case  the 
money  is  placed  in  the  hands  of  the  chief  probation 
officer  ^'^^  for  the  care  and  maintenance  of  the  child. 

A  guardian  may  be  appointed  for  a  person  guilty 
of  contributory  dependency  if  he  is  a  spendthrift  or 
an  habitual  drunkard  incapable  of  managing  his  own 
affairs,  and,  unless  he  is  able  without,  such  a  person 
can  be  compelled  to  work  for  the  support  of  his  chil- 
dren, while  failure  to  do  so  will  be  considered  as  con- 
tempt of  court.  If  the  contributory  dependency 
consists  of  habitual  intoxication,  however,  it  is  the 
duty  of  the  court  to  commit  the  drunkard  to  such 
hospital  for  inebriates  as  the  State  may  furnish  and 
upon  release  from  such  an  institution  he  must  be 
placed  under  the  aid  and  assistance  of  a  special  pro- 
bation officer  for  the  remainder  of  a  two-year  term, 
dating  from  the  time  of  the  commitment  —  the  costs 
of  treatment  and  suit,  including  the  salary  of  the 
probation  officer,  to  be  paid  by  the  offender. 

The  court  may  levy  on  any  property,  including 
w^ages,  without  exemption,  except  such  as  are  pro- 
vided for  unmarried  people  in  another  connection,  if 
the  person  guilty  of  contributory  dependency  fails 
to  apply  a  sufficient  sum  for  the  benefit  of  his  family. 


LEGISLATION  CONCERNING  DEPENDENTS  157 

Proceedin.c^s  brought  because  of  contributory  de- 
peudeTicy  do  not  preclude  the  possibility  of  taking 
criminal  action  also  if  the  case  demands. 

When  children  are  allowed  to  remain  with  a  per- 
son guilty  of  contributory  dependency  the  court  is 
authorized  to  prescribe  conditions  calculated  to  re- 
move the  cause  of  dependency  and  neglect.  But  if 
the  court  deems  it  to  be  in  the  best  interest  of  the 
child,  he  or  she  may  be  placed  in  an  authorized  juve- 
nile detention  home. 

A  child  is  held  to  be  abandoned  if  the  parent  or 
parents  found  guilty  of  contributory  dependency  fail 
to  comply  with  the  orders  of  the  court  during  the 
two-year  period,  or  if  they  depart  from  the  jurisdic- 
tion of  the  court  and  for  six  months  fail  to  support 
the  child  without  satisfactory  excuse.  If  at  the  end 
of  two  years  a  child  is  abandoned  bj^  both  parents 
it  may  be  adopted  out  by  the  clerk  of  the  district 
court  or  turned  over  to  the  Soldiers'  Orphans'  Home 
or  some  approved  home-finding  association,  and  such 
adoptions  bar  the  child  neither  from  the  rights  of  in- 
heritance from  its  former  parents  nor  from  the  in- 
heritance rights  gained  by  the  adoption  —  wills  to 
the  contrary  notwithstanding.  A  child  may  be  de- 
clared abandoned  by  one  parent  and  not  by  the  other, 
and  in  case  of  divorce,  if  the  parent  having  the  cus- 
tody and  care  of  the  child  is  adjudged  to  be  guilty  of 
abandonment,  the  ability  and  propriety  of  the  other 
to  take  the  child  remains  to  be  considered. 

Finally,  the  act  of  1909  provided  that  if  '  ^  any  per- 
son lead,  take,  decoy  or  entice"  a  child  away  from  a 


158  SOCIAL  LEGISLATION  IN  IOWA 

family,  home,  or  institution,  or  interfere  with  the 
peaceful  possession  and  control  of  such  a  child,  he 
should  be  punished  by  imprisonment  in  the  peniten- 
tiary for  not  more  than  ten  years,  by  a  fine  of  not 
exceeding  $1000,  or  by  both  fine  and  imprisonment  — 
thereby  repealing  the  section  in  the  Code  of  1897, 
which  provided  the  same  punishment  for  the  person 
who  should  "maliciously,  forcibly  or  fraudulently 
lead,  take,  decoy  or  entice  away  any  child  under  the 
age  of  fifteen  years,  with  intent  to  detain  or  conceal ' ' 
it  from  those  having  lawful  charge.  Thus  the  act  of 
1909  extended  the  age  limit  under  which  the  law 
against  the  enticing  away  of  children  applied  to  the 
time  when  children  legally  cease  to  be  such,  for  al- 
though a  dependent  or  neglected  child  is  defined  as 
one  under  sixteen  years  of  age,^^*  such  a  child  may 
be  placed  in  a  family  or  home  for  a  period  extending 
to  its  majority.^*'^ 

The  section  was  again  amended  in  1911,  however, 
so  as  to  read  as  follows : 

If  any  person  maliciously,  forcibly,  or  fraudulently,  take, 
decoy  or  entice  away  any  child  under  the  age  of  sixteen 
years  with  intent  to  detain,  or  conceal  such  child  from  its 
parents,  guardian,  or  other  person  or  institution  having  the 
lawful  custody  thereof,  he  shall  be  imprisoned  in  the  peni- 
tentiary not  more  than  ten  (10)  years,  or  be  imprisoned  in 
the  county  jail  not  more  than  one  (1)  year,  or  be  fined  not 
exceeding  one  thousand  dollars  ($1,000.00).-^" 

SOLDIERS   AND    SAILORS 

During  the  past  seventeen  years  the  greater  part 
of  the  legislation  relating  to  the  care  and  public  sup- 


LEGISLATION  COXCERXIXG  DEPENDENTS  irj9 

port  of  soldiers  and  sailors  has  naturally  been  con- 
cerned with  the  management  and  control  of  the  Sol- 
diers' Home  at  Marshalltown. 

The  first  question  to  be  raised  was  in  reference  to 
the  matter  of  support.-^'  In  1898  the  $13,000  appro- 
priation for  salaries  and  wages  was  discontinued. 
In  place  thereof,  and  to  cover  the  whole  expense  of 
maintaining  the  home,  the  apportionment  of  ten 
dollars  a  month  for  each  inmate  Avas  changed  to 
fourteen  dollars  a  month. -°^  Four  years  later  'Hen 
dollars  per  month  for  each  officer  and  employe  not  a 
member  of  the  home"  was  added. -'^''  The  amount  of 
support  for  the  home  was  again  raised  in  1907  and 
this  time  from  fourteen  dollars  per  member  or  in- 
mate to  fifteen  dollars."" 

The  Thirty-fifth  General  Assembly  (1913)  provid- 
ed that  if  the  average  number  of  members  is  less 
than  eight  hundred  and  fifty  in  any  month,  the  home 
is  to  be  accredited  with  $12,750  for  that  month,  in 
addition  to  the  monthly  allowance  for  each  officer 
and  employee.  Fifteen  hundred  dollars  was  further- 
more appropriated  ''for  the  purpose  of  increasing 
the  support  funds" ;  and  "for  the  purpose  of  provid- 
ing for  the  erection  and  improvement  of  buildings, 
for  appurtenances  and  connections"  of  various  in- 
stitutions under  the  State  Board  of  Control,  a  spe- 
cial tax  of  one-half  mill  on  the  dollar  of  the  assessed 
valuation  of  the  taxable  property  of  the  State  was 
authorized  to  be  levied  annually  for  five  years  be- 
ginning in  1913."^ 

In  1902  the  commandant  w^as  given  power  to  ap- 


160  SOCIAL  LEGISLATION  IX  IOWA 

point  such  assistant  surgeons  as  may  from  time  to 
time  be  required,  and  tliey,  together  with  the  sur- 
geon who  had  formerly  been  required  to  fulfill  the 
qualification  of  being  an  honorably  discharged  Union 
soldier  or  sailor,  were  relieved  from  the  restric- 
tion,-^- The  necessity  of  removing  such  a  qualifica- 
tion is  obvious.  In  case  of  a  vacancy  occurring  in 
the  office  of  commandant,  adjutant,  quartermaster, 
or  surgeon,  and  there  is  no  suitable  person  with  an 
honorable  discharge  from  the  United  States  army  or 
navy  available,  it  was  made  laAvful  in  1913  to  appoint 
any  other  person  otherwise  properly  qualified. ^'^ 

With  the  growth  of  the  institution  the  question  of 
admittance  has  persistently  demanded  attention. 
Eligibility  on  the  basis  of  services  rendered  and  up- 
on the  proposition  of  self-support  have  been  the  two 
lines  of  development. 

In  1906  the  rule  in  regard  to  the  admission  of 
wives  of  soldiers,  sailors,  or  marines  was  made  to 
include  widows  of  honorably  discharged  L^nion  sol- 
diers, sailors,  or  marines  married  before  1885  who 
had  subsequent  to  1885  married  another  honorably 
discharged  Union  soldier,  sailor,  or  marine."*  Un- 
der the  Code  of  1897  only  those  married  couples  were 
admitted  who  were  married  before  1885.  Depend- 
ent fathers  as  well  as  widows,  wives,  and  mothers  of 
honorably  discharged  Union  soldiers,  sailors,  and 
marines  have  been  eligible  to  admission  since  1909."^ 
The  Thirty-fifth  General  Assembly  rewrote  the  rules 
of  admission,  but  the  only  change,  besides  a  clearer 
statement,  was  in  regard  to  women  married  to  hon- 


LEGISLATION  CONCERNING  DEPENDENTS  161 

orably  discliargod  Union  soldiers,  sailors,  and  ma- 
rines and  that  clause  reads  as  follows : 

Women  who,  prior  to  the  year  1890,  married  honorably 
discharged  union  soldiers,  sailors  or  marines,  and  who  have 
ceased  to  be  the  wives  of  such  soldiers,  sailors  or  marines  by 
reason  of  their  death  or  because  divorced  from  them  without 
fault  on  the  part  of  the  wives,  and  a  subsequent  marriage 
shall  not  deprive  such  women  of  their  right  to  the  benefits 
of  the  home,  nor  shall  such  right  depend  upon  the  presence 
of  the  husband  in  the  home  as  a  member  of  it."^ 

A  certificate,  stating  that  the  person  applying  for 
admission  is  a  resident  of  a  certain  county,  and 
signed  by  the  board  of  supervisors  of  that  county, 
must  be  filed  with  the  officer  in  charge  of  the  home. 
If  an  applicant  is  entitled  to  admission  but  is  not  a 
resident  of  the  State,  a  record  is  made  of  the  fact 
upon  his  admittance.  The  purpose  of  this  proced- 
ure is  to  fix  the  liability  of  the  county  for  the  care 
of  an  inmate  in  case  of  insanity  or  any  other  condi- 
tion for  which  the  county  may  be  held  liable.-" 

Until  1909  only  dependent  persons  were  eligible  to 
be  admitted  to  the  Iowa  Soldiers'  Home.  But  in 
that  year  an  act  was  placed  upon  the  statute  books 
which  allowed  those  eligible,  except  for  being  de- 
pendent, to  enter  the  home  and  to  pay  for  all  or  part 
of  their  support.  They  could  remain  as  long  as 
their  presence  did  not  exclude  people  having  insuffi- 
cient means.  Those  whose  income  did  not  exceed 
twenty  dollars  a  month  were  not  required  to  pay  any 
of  their  pension  for  support,  and  if  it  did  exceed 
tw^enty  dollars  a  month,  only  that  amount  of  the  in- 


162  SOCIAL  LEGISLATION  IN  IOWA 

come  in  excess  which  would  cover  the  cost  of  sup- 
port, provided  there  were  no  persons  legally  depend- 
ent upon  the  member,  was  required,-"^  This  law, 
however,  had  been  in  force  only  four  years  when  it 
was  repealed  and  another  substituted  therefor, 
which  omitted  the  provisions  allowing  members  to 
contribute  toward  part  of  their  support.  No  pen- 
sion money  from  the  United  States  government  can 
any  longer  be  taken  for  support  in  the  home."'' 

Provision  was  made  in  1900,  however,  that  if  a 
member  of  the  home  had  been  twice  convicted  of  vio- 
lating criminal  statutes,  of  intoxication,  or  of  other 
misdemeanors,  all  of  his  pension  must  be  deposited 
with  the  commandant,  to  be  paid  out  with  the  con- 
sent of  the  depositor  for  his  necessary  wants,  and  if 
such  a  member  had  a  wife,  child,  or  parent  depend- 
ent upon  him  for  support,  one-half  of  his  monthly 
pension  had  to  be  sent  to  such  a  person  or  persons. 
Upon  the  discharge  of  the  member  from  the  home 
the  balance  was  to  be  given  to  him  thirty  days  after- 
ward.-^** 

Two  years  later  the  phrase  stipulating  that  de- 
posited money  was  to  be  paid  out  "for  the  necessary 
wants"  of  the  depositor  was  stricken  out,  and  the 
law  in  regard  to  the  support  of  dependent  wives  and 
minor  children  was  rewritten,  specifying  that  the 
wife  must  be  dependent  for  support  upon  her  own 
labor  or  that  of  others ;  while  the  commandant  is 
made  the  judge  to  determine  if  the  wife  has  deserted 
her  husband,  is  of  bad  character,  or  is  not  dependent 
upon  others  for  support.     If  such  proves  to  be  the 


LEGISLATION  CONCERNING  DEPENDENTS  1G3 

case,  the  money  accruing  from  one-half  of  a  mem- 
ber's pension  goes  to  the  minor  children  and  it  is 
paid  to  their  guardian  rather  than  to  the  children 
themselves  as  the  former  law  had  provided.-" 

The  next  General  Assembly  amended  the  pension 
regulations  in  case  of  intoxication  so  that  in  the 
event  of  a  member  abstaining  for  ten  months  he  is 
allowed  two  dollars  for  the  eleventh  month  and  four 
dollars  for  the  twelfth.  Moreover,  if  he  still  con- 
ducts himself  properly,  at  the  end  of  twelve  months 
the  full  right  to  control  his  pension  money  is  granted 
to  him  as  though  he  had  never  been  convicted  of  in- 
toxication.^^^ 

The  law  providing  for  the  relief  and  burial  of  in- 
digent soldiers  and  sailors  as  found  in  the  Code  of 
1897  has  been  much  extended.  The  first  step  came 
in  1904  when  not  only  United  States  soldiers  and 
sailors  who  had  engaged  in  the  Civil  War,  but  also 
those  of  the  Mexican  and  Spanish-American  wars 
were  included.^^^  The  wife  or  widow  of  an  indigent 
soldier,  sailor,  or  marine  was  added  to  the  list  by  the 
Thirty-fourth  General  Assembly.-**  In  1909  the  tax 
limit  for  the  raising  of  funds  with  which  to  relieve 
and  bury  indigent  soldiers  and  sailors  or  their  wives 
and  widows  was  raised  from  one-half  to  one  mill  and 
the  limit  of  burial  expenses  increased  from  thirty- 
five  to  fifty  dollars.^*^  The  soldiers'  relief  commis- 
sion now  holds  its  annual  meeting  on  the  second  in- 
stead of  the  first  Monday  in  September  as  provided 
in  the  Code  of  1897.^^" 

By  the  joint  action  of  the  commission  and  the 


164  SOCIAL  LEGISLATION  IN  IOWA 

board  of  supervisors,  part  of  the  tax  for  the  relief 
and  burial  of  soldiers  and  sailors  may  be  used  to 
erect  a  monument  in  any  cemetery  of  the  county,  '  *  a 
portion  of  which  has  been  set  apart  for  the  buri^al 
of  Union  soldiers,  sailors  and  marines,  in  which 
there  have  been  not  less  than  fifty  interments".-*^ 

In  1902  the  law  exempting  homesteads  of  soldiers 
and  sailors  from  taxation  was  rewritten  to  include 
those  of  soldiers  and  sailors  of  the  Mexican  War, 
with  their  widows,  provided  the  latter  should  remain 
unmarried.  The  exemption  from  taxation  no  longer 
applied  to  homesteads  alone  but  to  any  property,  the 
sum  of  $800  being  exempted  unless  the  privilege 
should  be  waived  or  the  whole  property  of  the  sol- 
dier, or  widow,  or  wife  should  amount  to  $5000.  The 
assessor  was  to  turn  over  to  the  county  auditor  a  list 
of  persons  subject  to  this  exemption. ^^^ 

Again  in  1911  there  was  a  rew^riting  of  the  law. 
This  time  the  property  value  and  exemption  was 
raised  from  $800  to  $1200  and  the  circumstance  of 
the  possession  of  $5000  property  value  resulting  in 
the  forfeiture  of  any  exemption  was  removed. ^*^ 
Otherwise  the  act  followed  the  wording  of  the  previ- 
ous law.  But  at  the  last  session  of  the  legislature 
(1913)  it  was  provided  that  the  $1200  exemption 
should  be  made  from  the  homestead  of  a  soldier  or 
widow  if  it  is  of  that  value  and  if  not  then  from  such 
property  as  is  designated  and  owned  by  the  soldier, 
sailor,  or  widow.^^° 


LEGISLATION  CONCERNING  DEPENDENTS  165 

ORPHANS  AND  FRIENDLESS  CHILDREN 

AVhile  soldiers'  orphans'  homes  have  become  prac- 
tically an  anachronism  in  the  United  States  they 
still  do  good  service  as  receiving  homes  for  children 
awaiting  placement  in  normal  family  relationships. 
The  age  limit  at  which  a  child  shall  be  discharged 
from  the  Iowa  Soldiers'  Orphans'  Home  has,  since 
1897,  been  changed  from  fifteen  to  sixteen  years. 
Other  sections  of  the  law  were  rewritten  with  the  ob- 
ject of  making  them  more  specific.  The  Code  of 
1897  stipulated  that  "all  children  of  soldiers  resi- 
dents of  the  state"  may  be  admitted,  while  the 
amendment  denoted  that  they  be  "destitute".  Sim- 
ilarly it  was  specified  that  destitute  orphans  of  sol- 
diers should  apply  to  the  board  of  trustees  for  ad- 
mission (formerly  application  was  not  required  of 
them)  and  "become  wards  of  the  state",  but  that 
other  destitute  children  should  apply  to  the  judge  of 
the  district  of  the  applicant's  residence  or  to  the 
board  of  supervisors  of  that  county.  It  was  fur- 
ther explained  that  counties  were  liable  only  for  the 
support  of  those  children  who  were  not  the  children 
of  soldiers. ^"^  It  was  not  until  1906  that  orphans  of 
sailors  and  marines  were  admitted  on  the  same  con- 
ditions as  those  of  soldiers. ^^- 

In  the  matter  of  support  there  has  been  consider- 
able legislation.-''^  In  1904  the  per  capita  support 
was  raised  from  ten  to  twelve  dollars,  and  the  limit 
of  the  liability  of  the  county  for  the  support  of  chil- 
dren other  than  those  of  soldiers  was  placed  at  six 
dollars  a  month  for  each  child,  the  cost  above  that 


166  SOCIAL  LEGISLATION  IN  IOWA 

sum  being  paid  by  the  State.^^"  In  1913  a  minimum 
of  $6600  a  month  was  established  for  the  support  of 
the  home  if  the  average  attendance  should  fall  below 
five  hundred  and  fifty,  and  counties,  in  that  event, 
were  made  liable  only  for  their  proportion  of  the 
amount  accredited  to  the  home  —  that  is,  the  max- 
imum amount  of  six  dollars  monthly  for  each  child 
would  be  automatically  reduced.^^^ 

The  conditions  of  adoption  and  placing  out  of  the 
inmates  were  amplified  in  1906.  The  act  provided 
that  orphans  in  the  home  could  be  adopted  out,  and 
that  the  written  consent  of  the  parents  or  parent  had 
to  be  obtained,  unless  the  child  had  been  abandoned 
by  them.  Orphan  children  or  children  who  were 
abused,  neglected,  or  abandoned  before  being  com- 
mitted to  the  home  or  were  likely  to  be  so  treated  if 
sent  to  their  parents  or  guardian  could  be  placed  out 
by  the  superintendent  with  a  family  of  good  stand- 
ing. The  articles  of  agreement  were  to  provide  for 
the  "custody,  care,  education,  maintenance  and  earn- 
ings" of  the  child  and,  although  the  period  was 
fixed,  it  could  not  extend  beyond  the  time  when  the 
child  should  attain  his  or  her  majority.  The  Board 
of  Control  was  empowered  to  remove  an  adopted  or 
placed-out  child,  but  persons  other  than  the  contract- 
ing parties  could  not  interfere  in  any  way.^^^ 

The  regulations  in  regard  to  placing  out  by  con- 
tract were  repealed  in  1911.  The  new  act  made  all 
inmates  of  the  home  wards  of  the  State  and  permit- 
ted the  superintendent  to  place  out  any  child  regard- 
less of  conditions  in  its  former  home.     A  change 


LEGISLATION  CONCERNING  DEPENDENTS  167 

whicli  rendered  the  transaction  more  satisfactory 
was  that  whereby  the  Board  of  Control  now  gives 
its  written  approval  to  the  articles  of  agreement 
rather  than  leaving  the  guarantee  of  justice  depend- 
ent upon  the  fact  that  the  superintendent  has  nego- 
tiated them.-" 

In  1902  the  laws  regulating  homes  for  the  friend- 
less w^ere  repealed  and  a  new  act  was  passed  which 
is  more  in  accord  with  conditions. ^^®  Now  any  soci- 
ety incorporated  for  that  purpose  may  become  the 
legal  guardian  of  a  friendless  child  with  full  powers 
in  regard  to  control  and  adoption.  Children  may  be 
surrendered  by  both  parents  jointly;  by  either  if  the 
other  is  dead,  insane,  a  drunkard,  in  prison  for 
crime,  an  inmate  or  keeper  of  a  house  of  ill  fame,  or 
has  abandoned  the  family;  by  the  mother  alone  if 
the  child  is  illegitimate ;  or  by  the  mayor,  a  judge  of 
a  court  of  record,  or  a  justice  of  the  peace.  Upon 
written  complaint  and  evidence  that  any  child  is 
abandoned,  ill  treated,  friendless,  or  living  under 
bad  influences,  it  may  be  taken  and  placed  in  a  home. 
An  appeal  from  such  proceedings  may  be  taken  to 
the  district  court  within  twenty  days.  During  the 
trial  the  child  may  be  kept  in  custody  by  a  peace  of- 
ficer. The  society  or  person  adopting  the  child  must 
keep  him  or  her  in  school  between  the  ages  of  seven 
and  fourteen  and  the  former  rule  in  regard  to  re- 
ligious instruction  still  prevails. 

The  State  Board  of  Control  has  supervision  over 
all  institutions  coming  under  these  provisions,  with 
power  to  inspect  them,^^^  and  to  require  a  complete 


168  SOCIAL  LEGISLATION  IN  IOWA 

annual  financial  and  statistical  report  of  the  children 
cared  for.  In  1909  the  Board  was  also  authorized  to 
investigate  all  charges  of  abuse,  neglect,  or  other 
misconduct  which  may  be  made  against  any  such  in- 
stitutions.^"" If  the  trust  is  abused  the  powers  of 
the  society  or  home  may  be  revoked. 

In  order  to  prevent  children  with  contagious  or  in- 
curable diseases,  deformities,  feeble  minds,  vicious 
characters,  or  those  likely  to  become  public  charges 
within  five  years,  from  being  brought  into  the  State 
by  similar  organizations  incorporated  in  other 
States,  such  institutions  must  get  the  permission  of 
the  Board  of  Control  and  give  an  indemnity  bond  of 
$1000. 


XI 

LEGISLATION  CONCERNING  DEFECTIVES 

THE  BLIND 

Since  the  adoption  of  the  Code  of  1897  the  College 
for  the  Blind  has  had  a  varied  career.  When  the 
State  Board  of  Control  assumed  management  it  was 
placed  in  the  category  of  charitable  institutions. 
Later,  however,  partly  because  the  authorities  had 
always  objected  to  it  being  classed  as  charitable,  the 
college  was  placed  under  the  jurisdiction  of  the  State 
Board  of  Education.  There  have  also  been  impor- 
tant changes  in  the  manner  of  support. 

Since  1909  all  blind  children,  between  the  ages  of 
twelve  and  nineteen,  residents  of  the  State,  have 
been  obliged  to  attend  the  college  during  the  scho- 
lastic j^ear  unless  bodily  or  mental  conditions  should 
prevent,  or  the  child  should  be  diseased  or  immoral 
to  the  extent  of  being  a  menace  to  the  health  and 
morals  of  the  other  pupils,  or  should  be  efficiently 
taught  the  common  branches  elsewhere  during  the 
scholastic  year.  A  penalty  of  twenty-five  dollars  or 
eight  days  imprisonment  was  provided  for  anyone 
failing  to  educate  such  a  person  in  the  manner  pre- 
scribed, for  employing  or  harboring  him  during  the 
school  session,  or  for  inducing  such  a  person  to  ab- 
sent himself  or  herself  from  school. ^°^     As  a  conse- 

169 


170  SOCIAL  LEGISLATION  IN  IOWA 

quence  of  these  compulsory  education  requirements 
the  college  was  two  years  later  transferred  from  the 
jurisdiction  of  the  Board  of  Control  to  that  of  the 
State  Board  of  Education,^°^  and  thus  officially 
placed  among  the  educational  institutions  of  the 
State. 

The  act  creating  the  State  Board  of  Education 
gives  that  body  power  to  fix  the  salaries  of  the  of- 
ficers in  the  various  institutions  under  its  control,^°^ 
but  when  the  College  for  the  Blind  was  transferred, 
the  law  stipulating  that  the  salary  of  the  superin- 
tendent should  be  $1200  a  year'"*  was  overlooked. 
The  conflict  was  rectified  in  1913  by  repealing  the 
law  fixing  the  salary.^"^ 

The  per  capita  appropriation  of  forty  dollars  a 
quarter  to  meet  current  expenses  was  reduced  in 
1898  to  thirty-five.^°^  But  in  conformity  with  the 
system  of  support  provided  for  similar  State  institu- 
tions, the  two  separate  funds  authorized  in  the  Code 
of  1897  were  abolished  in  1902,  and  all  expenses,  in- 
cluding the  compensation  of  officers  as  well  as  gen- 
eral maintenance,  were  provided  for  by  an  appro- 
priation at  the  rate  of  twenty-two  dollars  a  month 
during  nine  months  of  the  year  for  each  pupil  actual- 
ly supported,  based  on  the  average  number  for  the 
preceding  month.^" 

Similarly,  when  a  minimum  total  allowance  was 
provided  for  other  institutions  in  1911,  the  College 
for  the  Blind  was  included,  and  if  the  average  num- 
ber of  pupils  for  any  month  should  fall  below  one 
hundred  and  sixty,  the  sum  of  $3600  is  appropriated 


LEGISLATION  CONCERNING  DEFECTIVES  171 

regardless  of  the  enrollment.  This  money  was  orig- 
inally to  be  paid  out  in  accordance  with  the  regula- 
tions applying  to  the  Board  of  Control,^"®  but  in  3913 
the  obvious  inconsistency  of  such  a  procedure  was 
remedied  by  making  all  annual  appropriations  to  the 
College  payable  monthly  on  the  order  of  the  State 
Board  of  Education.^"® 

"When  the  meetings  of  the  General  Assembly  came 
to  be  held  in  odd-numbered  years,  on  account  of  a 
change  in  the  system  of  State  elections,  it  was  neces- 
sary that  the  biennial  report  of  the  principal  of  the 
College  for  the  Blind  be  made  in  even-numbered 
years."" 

Just  two  days  after  the  approval  of  the  measure 
making  the  education  of  blind  people  compulsory 
(1909),  another  act  was  approved  which  requires  the 
assessor  to  record  the  name,  age,  sex,  and  address  of 
each  blind  person  within  his  jurisdiction.  This  data 
is  then  forwarded  to  the  secretary  of  the  State  Board 
of  Control  within  thirty  days.^^^  While  the  informa- 
tion obtained  is  valuable  in  itself,  it  would  seem  that 
the  act  was  intended  to  furnish  a  means  of  enforcing 
the  compulsory  education  law.  But  since  the  Col- 
lege for  the  Blind  has  been  placed  under  the  control 
of  the  Board  of  Education,  reports  made  to  the 
Board  of  Control  have  been  of  little  influence.  The 
system  is  anomalous  to  say  the  least. 

With  the  exception  of  the  placing  of  the  institu- 
tion under  the  supervision  of  the  State  Board  of 
Control  and  the  fixing  of  the  salary  of  the  superin- 
tendent by  statute  at  $600  a  year,^^^  the  law  regulat- 


172  SOCIAL  LEGISLATION  IN  IOWA 

ing  the  operation  of  the  Industrial  Home  for  the 
Blind  remained  unchanged  until  1900,  when  an  act 
was  passed  authorizing  the  Board  of  Control  to  close 
the  home.  The  Board  was  empowered  to  send  the 
inmates  to  the  places  from  which  they  came  —  pay- 
ing their  actual  expenses  and  giving  them  each  not 
more  than  twenty-five  dollars  for  incidentals  —  hire 
a  custodian  to  care  for  the  premises,  lease  the  land, 
dispose  of  all  personal  property  about  the  place,  and 
to  turn  all  funds  received  into  the  State  Treasury. 
An  appropriation  of  $3000  was  made  to  accomplish 
this  end  and  the  remainder  of  all  special  appropria- 
tions was  transferred  to  the  general  funds  of  the 
State.^^^  Four  years  later  the  property  was  convert- 
ed into  the  Hospital  for  Inebriates. 

THE  DEAF  AND  DUMB 

Practically  all  of  the  legislation  since  1897  in  the 
interest  of  the  School  for  the  Deaf,  with  the  excep- 
tion of  the  act  placing  the  institution  under  the 
Board  of  Control  in  1898,  has  been  in  regard  to  finan- 
cial matters.  The  appropriation  for  salaries  was 
reduced  in  1898  from  $21,000  to  $18,000.^^*  Four 
years  later,  on  the  same  day  on  which  an  act  iden- 
tical in  its  provisions  but  applying  to  the  College  for 
the  Blind  was  approved,  the  two  distinct  appropria- 
tions were  abandoned  and  provision  was  made  for 
meeting  all  expenses  from  a  fund  appropriated  at  the 
ratio  of  twenty-two  dollars  a  month  during  nine 
months  of  each  year  for  each  pupil  supported  in  the 
school.^'^     The   method   of   certifying   and   paying 


LEGISLATTOX  CONCERXTXr,  DEFECTIVES   173 

charges  for  clothes  and  transportation  held  by  the 
State  against  the  county  was  technically  changed  in 
1906,  but  in  effect  remained  the  same.^^° 

In  1909  provision  was  made  whereby  indigent 
and  homeless  pupils  were  to  remain  and  be  support- 
ed at  the  school  during  the  whole  year,  and  to  meet 
this  expense  the  per  capita  appropriation  for  such 
pupils  was  extended  over  the  extra  three  months. 
The  same  General  Assembly  established  a  minimum 
annual  appropriation  for  the  School  for  the  Deaf,  as 
was  done  in  the  case  of  other  institutions.  In  this 
instance,  if  the  average  number  of  pupils  in  any 
month  should  be  less  than  two  hundred  and  seventy- 
five,  the  school  was  to  be  accredited  with  the  sum  of 
$6050.^^^ 

By  the  same  act  which  made  it  compulsory  for 
blind  persons  between  twelve  and  nineteen  years  of 
age  to  attend  the  College  for  the  Blind  during  the 
scholastic  year,  deaf  persons  were  required  to  at- 
tend the  School  for  the  Deaf  for  a  like  period.^^* 
The  law  authorizing  the  enumeration  of  the  blind  ap- 
plies also  to  the  deaf.^^"  The  School  for  the  Deaf  has 
not  been  placed  under  the  control  of  the  Board  of 
Education,  however,  so  that  in  this  case  the  statistics 
reported  to  the  Board  of  Control  may  be  of  some 
value. 

The  Thirty-fifth  General  Assembly  provided  that 
deaf  and  dumb  persons  between  twenty-one  and  thir- 
ty-five years  of  age,  or  those  so  deaf  that  the  secur- 
ing of  an  education  in  a  common  school  is  impossible, 
may  be  admitted  to  the  School  for  the  Deaf  with  the 


174  SOCIAL  LEGISLATION  IN  IOWA 

consent  of  the  Board  of  Control.  The  tuition  for 
non-residents  of  the  State  was  raised  to  sixty-six 
dollars  quarterly.  Superintendents  of  common 
schools  must  now  include,  ''so  far  as  he  [they]  may 
ascertain",  a  list  of  the  names  of  deaf  and  dumb  per- 
sons between  the  ages  of  five  and  thirty-five,  in  their 
reports  to  the  superintendent  of  the  School  for  the 
Deaf.^'" 

THE  FEEBLE-MINDED 

Experience  has  shown  that  a  large  proportion  of 
feeble-minded  children  can  not  be  developed  so  as 
to  become  independent  members  of  society.  It  has 
also  been  demonstrated  by  the  history  of  the  Juke 
family  and  the  Tribe  of  Ishmael  that  feeble-minded- 
ness  is  inherited  and  that  the  chief  source  of  feeble- 
mindedness is  to  be  found  in  the  unprotected  feeble- 
minded girl.  Wisdom,  therefore,  demands  that  pro- 
vision should  first  be  made  for  the  segregation  of 
this  class  of  defectives  in  order  to  check  the  growing 
burden  at  its  source.^^^ 

There  has  been  relatively  little  legislation  since 
1897  touching  the  operation  of  the  Institution  for 
Feeble-minded  Children.  The  act  creating  the 
Board  of  Control  required  the  superintendent  to 
notify  the  Board  whenever  there  was  a  question  as 
to  the  propriety  of  a  commitment  or  the  retention  of 
a  patient  already  received.  In  1898  the  monthly  al- 
lowance for  support  was  raised  from  ten  to  twelve 
dollars  for  each  pupil  supported  by  the  State  and 
the  appropriation  for  "ordinary"  expenses  was  dis- 
continued.^" 


LEGISLATION  CONCERNING  DEFECTIVES    175 

The  only  other  changes  have  been  aimed  at  the  en- 
largement of  the  scope  of  the  institution.  In  1902 
feeble-minded  women  less  than  forty-six  years  old 
were  admitted  under  the  same  conditions  and  rules 
of  maintenance  as  children,^"  and  the  same  priv- 
ilege was  extended  to  feeble-minded  men  under  for- 
ty-six years  of  age  in  1909.^-* 

THE  INSANE 

In  Iowa  during  the  past  seventeen  years  the  great- 
est development  in  governmental  care  of  the  insane 
has  boon  along  the  line  of  aid  outside  of  institutions 
and  in  the  improvement  and  regulation  of  private 
and  local  hospitals  by  the  State.  In  1898  the  "coun- 
ty insane  fund"  was  found  to  be  generally  insuffi- 
cient, and  so  the  maximum  tax  rate  for  that  purpose 
was  raised  from  the  one-half  mill  levy  to  one  and 
one-half  mills.^" 

Better  provision  for  the  maintenance  of  the  fam- 
ilies of  insane  persons  was  made  in  1902  when  the 
wife  and  all  minor  children  were  included  rather 
than  merely  the  ''wife  and  children  under  fifteen 
years  of  age".  It  was  also  made  possible  to  set 
aside  sufficient  property  to  support  the  family  dur- 
ing the  period  of  insanity  rather  than  for  only  the 
first  year."^ 

The  most  progressive  step  in  private  and  county 
care  of  the  insane  was  taken  in  1900  when  institu- 
tions of  that  character  were  placed  under  the  juris- 
diction of  the  State  Board  of  Control.^-^  Indeed, 
this  was  the  first  step  toward  centralization  in  the 


176  SOCIAL  LEGISLATION  IN  IOWA 

control  of  local  charities.  Semi-annual  visitation 
by  at  least  one  member  of  the  Board  or  by  some  dis- 
interested, competent  person,  and  thorough  investi- 
gation of  conditions  with  a  report  to  the  Board  are 
required.  The  inspector,  if  not  a  member  of  the 
Board,  may  be  allowed  as  compensation  as  much  as 
five  dollars  a  day  and  actual  expenses.  The  sum  of 
$3000  was  set  aside  for  the  inspection,  but  six  years 
later  the  appropriation  was  changed  to  $2000  annu- 
ally and  made  to  cover  also  the  expense  of  inspect- 
ing associations,  societies,  and  homes  for  friendless 
children.  Every  two  years  any  surplus  in  the  fund 
thus  appropriated  is  to  be  returned  to  the  State 
Treasury.^-* 

At  the  time  of  these  semi-annual  inspections  pa- 
tients are  allowed  to  be  heard  in  any  complaints  or 
grievances  they  have  to  offer.  In  1909,  however,  the 
Board  of  Control  was  empowered  to  "investigate 
charges  of  abuse,  neglect  or  other  misconduct ' '  made 
against  any  private  or  county  institution  in  w^hich 
insane  people  are  kept.^^^  Formerly,  only  the  com- 
plaints of  patients  w^ere  investigated  and  no  formal 
hearing  was  provided. 

Upon  the  basis  of  the  data  furnished  by  the  re- 
ports of  the  investigating  committees,  it  becomes  the 
duty  of  the  Board  of  Control  to  make  rules  and  reg- 
ulations touching  the  care  and  treatment  of  the  in- 
sane patients  in  private  and  county  institutions. 
After  a  reasonable  time  if  these  requirements  are 
not  complied  with,  the  patients  kept  in  such  places  at 
public  expense  may  be  removed  at  the  expense  of  the 


LEGISLATION  CO.XCERNING  DEFECTIVES    177 

county  from  which  they  were  originally  sent  to  the 
proper  State  hospital,  or  to  sucli  other  private  or 
county  institutions  as  complied  with  the  regulations. 
Persons  supporting  insane  patients  there  at  private 
expense  are  notified  of  the  action  taken. 

If  it  is  thought  that  any  violent  or  acutely  insane 
patient  kept  in  a  private  or  county  institution  at 
public  expense  may  be  better  cared  for  in  a  State 
hospital,  he  may  be  removed  there  at  the  expense  of 
the  proijer  county.  Up  until  1913,  if  the  written 
permission  of  the  immediate  relatives  or,  if  there 
were  none,  of  the  commissioners  of  insanity  of  the 
county  to  which  the  patient  was  chargeal)le  and  of 
the  Board  of  Control  were  obtained,  a  chronically 
insane  person  could  be  removed  from  a  State  hos- 
pital to  a  private  or  county  institution  of  good  stand- 
ing. The  Thirty-fifth  General  Assembly,  however, 
decreed  that  if  it  is  deemed  desirable  to  remove  from 
a  State  to  a  private  or  county  institution  any  chron- 
ically insane  patient  sustained  at  public  expense,  the 
consent  of  the  relatives  or  guardian  need  no  longer 
be  obtained  and  action  may  be  taken  upon  the  writ- 
ten request  of  the  board  of  supervisors  or  of  the 
commissioners  of  insanity  of  the  county  to  which  the 
patient  is  chargeable  and  the  Board  of  Control. 
AVith  inmates  kept  at  private  expense,  however,  the 
consent  of  the  parents  or  guardian  is  still  neces- 
sary,-^^"  and  in  no  case  may  a  patient  in  a  State  hos- 
pital, who  is  not  cured,  be  discharged  without  the 
consent  of  the  Board  of  Control. 

Should  any  difference  of  opinion  arise  between  the 


178  SOCIAL  LEGISLATION  IN  IOWA 

authorities  in  charge  of  the  private  or  county  hos- 
pitals for  the  insane  and  the  Board  of  Control  over 
the  question  of  the  removal  of  patients,  the  question 
is  finally  settled  in  the  district  court. 

If  a  county  has  no  facilities  for  the  care  of  its  in- 
sane, the  commissioners  of  insanity  may,  with  the 
consent  of  the  board  of  supervisors  and  the  Board  of 
Control,  provide  for  their  care  at  any  convenient 
private  or  county  institution. 

Private  institutions  must  be  able  to  show  a  certifi- 
cate from  the  commissioners  of  insanity  of  some 
county  in  the  State  or  from  two  reputable  physicians 
(one  a  resident  of  Iowa)  for  each  insane  patient. 
The  Board  of  Control  may  institute  proceedings  in 
the  name  of  the  State  to  ascertain  if  a  sane  person 
is  being  illegally  restrained. 

Besides  the  regulation  of  private  and  county  in- 
stitutions devoted  to  the  care  of  the  insane,  many 
modifications  in  the  laws  governing  the  State  hos- 
pitals have  also  been  made  during  the  last  seventeen 
years.  The  act  creating  the  Board  of  Control  au- 
thorized the  districting  of  the  State,  and  all  patients 
must  be  sent  to  the  State  hospital  located  in  the  dis- 
trict embracing  the  county  from  which  they  are  ad- 
mitted. The  State  Board  of  Control  ''by  committee, 
or  its  secretary,"  must  visit  each  hospital  once  a 
month,  and  if  it  should  be  deemed  prudent,  a  woman 
residing  within  fifty  miles  of  a  State  hospital  may 
be  appointed  to  visit  that  institution,^^^ 

The  names  of  the  institutions  were  changed  in 
1902,  omitting  the  term  "insane"  and  prefixing  the 


LEGISLATION  CONCERNING  DEFECTIVES    179 

word  ''State",  so  that  now  they  are  called  the 
''Mount  Pleasant  State  Hospital",  the  "Independ- 
ence State  Hospital",  the  "Clarinda  State  Hospital", 
and  the  "Cherokee  State  Hospital"/*'-  This  change 
of  names  is  in  accord  with  the  movement  in  several 
States  to  encourage  voluntary  commitment  in  the 
early  stages  of  mental  and  nervous  disorder  by  re- 
moving the  stigma  too  often  attached  to  the  sending 
of  a  person  to  an  insane  asylum.  Some  conception 
of  the  development  of  these  various  hospitals  may 
be  gained  from  the  appropriations  that  have  been 
made  for  their  maintenance.^^^ 

The  Twenty-ninth  General  Assembly  declared 
that,  in  case  of  an  appeal  to  the  district  court  from 
the  findings  of  the  commissioners  of  insanity,  it 
should  be  the  duty  of  the  county  attorney,  without 
additional  compensation,  fo  prosecute  the  action  on 
behalf  of  the  person  alleging  another  to  be  insane.^^* 
Since  its  creation  the  Board  of  Control  has  had  per- 
missive power  to  constitute  itself  a  commission  for 
the  determination  of  the  insanity  of  a  person  in  a 
State  hospital  and,  with  the  endorsement  of  the  sup- 
erintendent of  that  hospital,  the  Board  may  dis- 
charge any  person  not  insane  or  one  able  to  be  cared 
for  elsewhere  without  danger.^^^ 

The  law  relating  to  settlement  has  been  revised 
and  amplified  in  regard  to  patients  admitted  to  State 
hospitals.  The  act  creating  the  Board  of  Control 
stipulated  that  before  county  authorities  should  send 
to  a  State  hospital  for  the  insane  a  patient  whose 
residence  was  unknown  and  who  would  be  supported 


180  SOCIAL  LEGISLATION  IN  IOWA 

there  by  the  State,  the  Board  of  Control  should  be 
notified  and  should  investigate  the  propriety  of  the 
commitment.  Then  if  the  residence  of  the  patient 
was  found  to  be  in  another  State  or  county,  the  Board 
was  to  see  that  he  was  sent  there  or,  if  it  were  de- 
cided that  he  should  be  sent  to  a  State  hospital,  his 
conveyance  to  that  place  was  to  be  provided  for. 
Superintendents  of  the  State  hospitals  for  the  in- 
sane were  also  to  notify  the  Board  whenever  there 
was  a  question  as  to  the  propriety  of  a  commitment 
or  the  retention  of  a  patient  already  received.^'''' 

But  these  provisions  were  rewritten  in  1906  so  as 
to  cover  the  situation  more  adequately.  When  the 
commissioners  of  insanity  find  an  insane  person  wiio 
is  a  non-resident  of  Iowa,  or  whose  residence  is  un- 
known, they  must  notify  the  Board  of  Control,  which 
thereupon  investigates  the  case.  If  the  person  is 
found  to  be  a  non-resident  of  this  State  he  may 
either  be  sent  forthwith  to  the  place  of  his  legal  resi- 
dence or  to  a  State  hospital.  Any  non-resident  pa- 
tient in  a  State  hospital  may  be  removed  to  the  place 
of  his  legal  settlement  at  any  time  unless  his  con- 
dition forbids  or  for  other  reasons  the  Board  deems 
it  inexpedient.  If  the  place  of  legal  settlement  can 
not  be  ascertained  the  patient  may  be  taken  to  a 
State  hospital,  and  if  thereafter  it  is  discovered  that 
he  has  legal  settlement  in  a  county  of  Iowa,  the  costs 
of  maintenance  are  charged  to  that  county.  No  pa- 
tient may  be  maintained  in  a  State  hospital  at  State 
expense  without  the  formal  order  of  the  Board  of 


LEGISLATION  CONCERNING  DEFECTIVES    181 

Control.  Transfers  to  State  hospitals  or  to  places 
of  legal  residence  may  be  made  only  upon  the  direc- 
tion of  the  Board  of  Control  and  at  State  exjiense. 
It  is  preferable  that  employees  of  State  hospitals 
should  conduct  the  transfer  of  patients."^ 

Until  1907,  in  case  there  was  a  disagreement  be- 
tween the  commissioners  of  a  county  from  which  an 
insane  person  had  been  committed  to  a  State  hos- 
pital and  the  auditor  of  the  county  which  the  com- 
missioners alleged  to  be  the  one  of  his  legal  settle- 
ment/'^'"* there  was  no  method  for  the  adjustment  of 
the  difficulty.  The  Thirty-second  General  Assembly, 
however,  provided  that  if  the  auditor  should  find  ad- 
versely to  the  decision  of  the  commissioners,  tlie  case 
must  forthwith  be  taken  to  the  district  court  and 
decided.  Should  the  commissioners  delay  longer 
than  six  months  before  appealing  to  the  court,  their 
county  becomes  liable  for  the  support  of  the  patient 
regardless  of  his  legal  settlement.  If  it  is  decided 
that  a  patient  has  residence  in  neither  county  the 
Board  of  Control  is  notified,  and  that  body  then  pro- 
ceeds in  the  same  manner -as  in  ordinary  cases  of 
non-residence."® 

In  the  Code  of  1897  no  arrangement  was  made  for 
the  payment  of  the  expenses  of  the  arrest,  care,  in- 
vestigation, and  commitment  of  an  insane  person  in 
case  he  did  not  have  legal  settlement  in  the  county 
where  he  was  tried  and  found  insane.  This  defect 
in  the  law  was  remedied  in  1904  by  making  the 
county  in  which  the  person  had  legal   settlement 


182  SOCIAL  LEGISLATION  IN  IOWA 

liable;  or,  if  the  person  had  no  legal  settlement  in 
Iowa,  then  the  State  was  to  pay  the  cost  of  arrest, 
care,  investigation,  and  commitment.^" 

The  passage  of  laws  in  1906  and  1907  regulating 
the  procedure  in  cases  involving  the  trial  and  a 
commitment  of  non-resident  insane  has  made  it  ad- 
visable to  rewrite  the  law  providing  for  the  payment 
of  the  costs  and  expenses.  Besides  the  expenses 
of  "arrest,  care,  investigation  and  commitment. 
.  .  .  including  the  costs  of  appeal  if  an  appeal 
be  taken",  the  expenses  of  "quarterly  support  in  a 
state  hospital  during  the  investigation,  or  time  re- 
quired to  determine  the  residence  of  such  person,  al- 
so court  costs  in  suit  to  determine  the  legal  settle- 
ment of  such  patient"  have  been  added.  The  words 
"upon  investigation"  have  also  been  inserted,  indi- 
cating that  before  the  board  of  supervisors  of  a 
county  charged  with  the  legal  settlement  of  an  insane 
person  need  pay  these  "necessary  and  legal  costs 
and  expenses"  the  case  must  be  investigated.^" 

Unlike  that  of  other  State  institutions  for  the  care 
of  unfortunate  classes,  the  support  of  inmates  of 
hospitals  for  the  insane  has  been  provided  mainly 
by  counties  and  from  private  sources.  The  rate 
charged  for  board  and  care,  however,  has  been 
changed  from  time  to  time,  as  has  been  the  case  in 
the  other  State  institutions.  In  1898  the  maximum 
monthly  sum  allowed  for  each  patient  was  reduced 
from  fourteen  to  twelve  dollars  at  Mount  Pleasant 
and    Independence    and    to    thirteen    dollars    at 


LEGISLATION  CONCERNING  DEFECTIVES    183 

Clarinda.  Furthermore  this  amount  was  to  be  based 
on  the  '  *  average  number  of  patients  in  the  respective 
hospitals  for  the  preceding  month.  "^^- 

Althougli  the  hospital  for  the  insane  at  Cherokee, 
the  establishment  of  which  had  been  authorized  in 
1894,^*^  was  not  ready  for  occupancy  until  August 
15,  1902,  the  Twenty-eighth  General  Assembly  es- 
tablished the  maximum  rate  of  thirteen  dollars  a 
month  for  the  board  and  care  of  each  patient.  By 
the  same  act  the  rate  for  the  hospital  at  Clarinda 
was  reduced  to  the  maximum  of  twelve  dollars.^" 
The  next  General  Assembly  placed  the  maximum 
monthly  allowance  for  the  Cherokee  hospital  at  fif- 
teen dollars  a  patient,  but  for  the  hospitals  at  Cla- 
rinda, Independence,  and  Mount  Pleasant  the  rate 
remained  at  twelve  dollars.  The  rate  was  still  based 
on  the  average  number  of  patients  during  the  month 
previous,  but  in  the  case  of  the  hospital  at  Cherokee 
if  this  average  should  exceed  six  hundred  the  allow- 
ance was  to  be  automatically  reduced  to  a  maximum 
of  fourteen  dollars  a  month ;  if  the  average  number 
of  inmates  exceeded  seven  hundred  and  fifty  the  al- 
lowance was  to  be  thirteen  dollars ;  and  if  it  was  over 
nine  hundred,  twelve  dollars  a  patient  for  each 
month  was  all  that  could  be  obtained  for  support. 
Wlien  patients  were  supported  by  county  or  private 
funds,  however,  the  amount  required  in  excess  of 
twelve  dollars  a  month  was  to  be  met  by  the  State. 
By  this  act  $8250  was  appropriated  for  the  support 
of  the  hospital  at  Cherokee  during  the  first  month  of 


184  SOCIAL  LEGISLATION  IN  IOWA 

its  occupancy,  and  $G000  was  set  aside  to  defray  the 
expense  of  transferring  patients  to  the  new  institu- 
tion.^*^ 

Once  more  the  monthly  rate  of  support  in  the  hos- 
pitals for  the  insane  was  changed,  and  since  1911 
fourteen  dollars  a  month  for  each  patient  has  been 
granted  to  the  hospitals  at  Mount  Pleasant  and 
Clarinda,  while  for  the  institutions  at  Independence 
and  Cherokee  the  apportionment  has  been  fifteen 
dollars.  The  scale  for  reduction  in  proportion  to 
the  number  of  inmates  which  was  established  for  the 
hospital  at  Cherokee  in  1902  was  abolished  on  ac- 
count of  its  superfluity.^*'' 

According  to  the  Code  of  1897  the  estates  of  pa- 
tients or  of  persons  legally  bound  to  support  them 
may  be  held  liable  by  the  counties  for  the  support 
of  inmates  in  the  State  hospitals.  But  inasmuch  as 
such  a  system  could  not  apply  in  the  instance  of  non- 
resident patients  an  act  was  passed  in  1911,  speci- 
fically stating  that  the  estates  of  all  non-resident  pa- 
tients treated  in  the  State  hospitals  and  of  all  per- 
sons legally  bound  for  the  support  of  such  patients 
were  to  be  held  liable  by  the  State  for  the  care,  main- 
tenance, and  treatment  of  the  patients. ^*^  In  1906 
the  procedure  in  securing  payment  for  the  support 
of  public  patients  was  considerably  changed  as  to 
detail,  but  in  its  general  effects  it  remained  the  same 
as  in  the  Code  of  1897.^'^ 

The  laws  governing  the  return  of  inmates  escap- 
ing from  State  hospitals  for  the  insane  have  been 
greatly  modified  since  1897.     The  first  amendment 


LEGISLATION  CONCERNING  DEFECTIVES    185 

(1904)  allowed  the  necessary  expenses  incurred  by 
the  county  commissioners  of  insanity  in  the  capture 
and  return  of  an  insane  patient  to  be  paid  directly 
from  the  State  Treasury.^*^  The  next  General  As- 
sembly, however,  repealed  the  whole  statute  relating 
to  escape  and  substituted  another,  whereby  the 
superintendent  of  a  State  hospital  is  given  the  entire 
responsibility  for  the  return  of  escaped  patients. 
His  first  duty  is  to  cause  immediate  search,  as  for- 
merly, but  if  the  person  can  not  be  found,  instead  of 
notifying  the  commissioners  of  insanity  of  the  coun- 
ty where  the  patient  belongs,  the  clerk  of  the  district 
court  in  that  county  is  notified,  and  when  the  super- 
intendent is  informed,  by  the  clerk  or  otherwise,  of 
the  location  of  the  patient  he  must  send  some  per- 
son, preferably  an  employee  of  the  hospital,  to  re- 
turn with  the  escaped  inmate.  The  superintendent 
may,  however,  pursue  a  different  course  for  good 
reasons  approved  by  the  Board  of  Control.  In  case 
of  apparent  necessity,  local  authorities  may  take  the 
patient  into  custody  and  restrain  him  until  he  is 
taken  away.  Expenses  of  capture,  restraint,  and  re- 
turn to  the  hospital  are  paid  out  of  the  State  Treas- 
ury after  having  been  properly  approved  by  the 
superintendent  and  the  Board  of  Control. ^^'^ 

INEBRIATES 

The  only  classes  of  defectives  for  which  special 
State  care  has  been  provided  since  the  adoption  of 
the  Code  of  1897  are  inebriates  and  epileptics.  In- 
ebriates were  the  first  to  receive  attention.  In  1902 
the  Board  of  Control  was  authorized  to  provide  a 


186  SOCIAL  LEGISLATION  IN  IOWA 

department  for  ''dipsomaniacs,  inebriates  and  per- 
sons addicted  to  the  excessive  use  of  morphine  or 
other  narcotics"  in  one  or  more  of  the  hospitals  for 
the  insane.^"  Such  persons  were  to  be  tried  before 
the  district  court  in  the  county  of  their  residence,^^^ 
examined,  and  committed  in  the  same  manner  as  in- 
corrigibles  were  examined  and  committed  to  the  State 
Industrial  School.  For  the  first  commitment,  the 
term  was  to  be  between  one  and  three  years  and  for 
the  second  between  two  and  five  years.  The  expense 
of  the  trial,  commitment,  and  treatment  was  to  be 
borne  and  paid  in  the  same  manner  as  was  provided 
for  insane  patients,  and  the  estates  of  inebriates 
were  to  be  held  liable  to  the  same  extent  as  those  of 
insane  persons. 

The  Governor  was  given  power  to  parole  a  patient 
after  thirty  days  of  treatment  if  he  appeared  to  be 
cured  and  would  pledge  to  refrain  from  the  use  of  all 
intoxicating  liquors  as  a  beverage,  or  other  narcotics, 
during  the  remainder  of  his  term  of  commitment. 
To  enforce  such  a  pledge  it  was  required  that  the 
paroled  person  should  report  his  conduct  to  the  Gov- 
ernor the  first  of  each  month,  which  report  was  to 
have  the  sanction  of  the  clerk  of  the  district  court 
in  the  county  where  the  person  had  residence.  If 
the  paroled  inebriate  should  fail  to  make  his  report, 
the  sheriff  of  the  county,  having  been  informed  that 
such  was  the  case,  was  to  return  him  forthwith  to 
the  hospital,  where  he  was  to  remain  during  the  full 
term  of  his  commitment. 

But  this  system  was  retained  only  two  years.     The 


LEGISLATION  CONCERNING  DEFECTIVES    187 

Thirtieth  General  Assembly  passed  an  act  trans- 
forming the  former  Industrial  Home  for  the  Adult 
Blind  at  Knoxville,  which  had  been  abandoned  in 
1900,  into  a  State  Hospital  for  Inebriates.^''^  The 
purpose  of  this  institution  was  the  "detention,  care, 
and  treatment  of  all  male  dipsomaniacs,  inebriates, 
and  persons  addicted  to  the  excessive  use  of  mor- 
phine, cocaine,  or  other  narcotic  drugs."  Females 
similarly  addicted  were  to  be  placed  in  a  hospital 
for  the  insane  to  be  designated  by  the  State  Board 
of  Control.  Those  already  in  a  department  for  in- 
ebriates in  connection  with  any  of  the  State  hos- 
pitals might  remain  there.  Otherwise  they  were  to 
come  under  the  provisions  of  the  new  act. 

The  hospital  at  Knoxville  was  placed  under  the 
jurisdiction  of  the  Board  of  Control.  A  superin- 
tendent, qualified  by  being  ''a  reputable  physician", 
was  to  have  immediate  charge  of  the  institution  and 
was  to  be  appointed  by  the  Board  for  a  term  of  four 
years  at  a  salary  of  not  to  exceed  $2000  annually. 

Application  for  commitment  could  be  made  to  the 
judge  of  the  district  court  by  the  inebriate  himself, 
by  his  wife,  a  relative,  guardian,  or  any  other  person. 
Unless  the  application  was  made  by  the  inebriate 
himself  the  accused  was  to  be  given  a  hearing  before 
the  district  judge  and  was  to  be  allowed  counsel.  A 
formal  trial  in  civil  court  could  be  demanded.  If 
the  accusation  were  established  the  person  was  to  be 
committed  to  the  hospital  until  cured,  but  not  for  a 
longer  term  than  three  years.  At  the  time  of  the 
trial  the  facts  concerning  the  previous  history,  con- 


188  SOCIAL  LEGISLATION  IN  IOWA 

dition,  and  treatment  of  the  accused  were  supposed 
to  be  discovered. 

All  costs  and  expenses  incurred  by  the  arrest, 
bearing,  trial,  and  transportation  were  to  be  paid 
by  the  county  and,  in  case  the  person  was  commit- 
ted, could  be  recovered  by  the  county  from  the  pa- 
tient. In  payment  for  the  care,  treatment,  and  main- 
tenance of  each  patient  the  hospital  was  allowed  a 
maximum  of  twenty  dollars  a  month,  to  be  paid  ac- 
cording to  the  method  provided  in  the  case  of  the 
State  hospitals  for  the  insane.  But  if  the  amount 
should  be  over  fifteen  dollars,  the  State  was  to  pay 
the  excess  and  it  was  not  to  be  charged  to  any  county 
or  person.  This  act  also  declared  that  until  the  av- 
erage number  of  patients  each  month  should  exceed 
two  hundred,  $4000  a  month,  the  maximum  regular 
allowance  for  that  number,  was  to  be  accredited  to 
the  institution.  To  defray  the  expenses  of  trans- 
ferring the  patients  then  in  the  inebriate  hospitals 
connected  with  the  hospitals  for  the  insane  the  sum 
of  $4000  was  appropriated.  For  the  purchase  of 
additional  land,  the  erection  of  additional  buildings, 
and  the  installation  of  proper  equipment  an  addi- 
tional sum  of  $125,000  was  set  aside. 

The  superintendent  was  to  establish  rules  and 
regulate  the  conduct  of  patients  in  the  hospital.  He 
was  permitted  to  require  them  to  do  such  work  as 
was  thought  to  be  physically  and  mentally  beneficial. 
Should  a  patient  leave  the  grounds,  without  author- 
ity he  might  be  imprisoned  in  the  county  jail  for 
from  thirty  to  ninety  days,  and  if  he  should  refuse 


LEGISLATION  CONCERNING  DEFECTIVES    ]89 

to  work  or  if  he  should  break  any  of  the  rules  he 
nii^ht  be  punished,  besides  forfeiting  his  right  to  a 
parole.  In  case  of  escape  the  expense  of  recapture 
and  recommitment  was  to  be  paid  by  the  State.  Con- 
finement in  the  Hospital  for  Inebriates  did  not  ex- 
cuse a  person  from  prosecution  on  account  of  of- 
fenses ai»"ainst  the  penal  statutes  of  the  State. 

Anyone  furnishing  an  inebriate,  either  in  the  Hos- 
pital for  Inebriates,  or  in  any  insane  hospital,  with 
intoxicating  liquor  or  narcotic  drugs,  except  on  writ- 
ten prescription  from  the  superintendent,  was  to  be 
held  guilty  of  a  felony  and  subject  to  a  fine  of  from 
$500  to  $1000  or  to  imprisonment  in  the  penitentiary 
for  from  six  to  twelve  months.  And  after  a  patient 
had  been  discharged  as  cured,  for  knowingly  fur- 
nishing him  intoxicating  liquor  or  narcotic  drugs 
without  a  written  prescription  of  a  reputable  prac- 
ticing physician,  a  person  was  to  be  held  guilty  of 
a  misdemeanor  punishable  by  a  fine  of  from  $300  to 
$1000  and  imprisonment  in  the  county  jail  until  the 
fine  was  paid. 

The  superintendent  was  empowered  to  grant 
paroles  whenever  patients  were  thought  to  be  cured. 
Paroled  inmates  of  the  Hospital  for  Inebriates  were 
required  to  take  a  pledge  agreeing  to  refrain  from 
the  use  of  intoxicating  liquors  and  narcotics  during 
the  term  of  their  commitment,  and  to  avoid  frequent- 
ing places  and  associations  tending  to  lead  them  back 
to  their  old  habits.  They  were  to  report  to  the 
superintendent  through  the  clerk  of  the  district  court 
the  first  of  every  month  and  if  they  should  fail  to 


100  SOCIAL  LEGISLATION  IN  IOWA 

report  or  to  keep  their  pledge  they  were  to  be  re- 
turned forthwith  to  the  hospital  at  the  expense  of 
the  State.  A  patient  might  also  be  paroled  by  the 
Board  of  Control  for  such  a  period  and  on  such 
conditions  as  were  deemed  advisable  if  his  physical 
condition  became  such  that  further  confinement 
would  be  injurious  to  his  health. 

Should  a  patient  in  the  Hospital  for  Inebriates 
become  insane  he  was  to  be  tried  by  the  commis- 
sioners of  insanity  of  Marion  County  and  committed 
to  a  hospital  for  the  insane  if  the  charge  were  sus- 
tained. After  being  discharged  from  that  institu- 
tion he  was  still  required  to  serve  his  term  in  the 
Hospital  for  Inebriates.  The  expense  of  such  pro- 
cedure was  to  be  met  by  the  Hospital  for  Inebriates 
in  the  first  instance,  but  the  county  where  the  patient 
had  his  legal  residence  was  eventually  to  reimburse 
the  State. 

While  this  act  did  not  alter  the  provisions  in  the 
Code  of  1897  allowing  the  appointment  by  the  dis- 
trict court  of  a  guardian  for  the  property  and  per- 
son of  an  habitual  drunkard,  it  did  supersede  the 
section  giving  such  a  guardian  the  power  to  confine 
and  restrain  the  person  under  his  care.  The  other 
regulations  as  found  in  the  Code  of  1897  remained 
unchanged:  namely,  that  the  guardianship  could  be 
terminated  after  six  months,  that  property  could  be 
sold  for  the  support  of  the  ward  or  his  family,  that 
such  a  guardian  was  possessed  of  legal  powers  to 
act  in  the  place  of  the  person  under  his  care,  and  that 
the  priority  of  claim  to  guardianship  went  from  the 


LEGISLATION  CONCERNING  DEFECTIVES    191 

legally  appointed  guardian  to  the  husband  or  wife, 
next  to  the  parents,  and  finally  to  the  children."* 
Neither  were  commitments  made  to  hospitals  for  the 
insane  under  the  previous  act  of  1902  to  be  affected 
until  the  Hospital  for  Inebriates  should  be  ready  for 
occupancy. 

The  Hospital  for  Inebriates  thus  established  in 
1904  was  discovered  to  be  so  essential  that  the  very 
next  legislature  was  constrained  to  pass  a  law  giv- 
ing the  Board  of  Control  power  to  restrict,  from 
time  to  time,  the  number  of  admissions  on  account 
of  the  lack  of  room.  The  clerks  of  the  district  courts 
were  to  be  notified  of  that  fact  and  no  one  was  to  be 
admitted  except  by  the  permission  of  the  superin- 
tendent, and  such  admission  was  to  be  granted,  in 
the  order  of  the  receipt  of  application,  only  when 
conditions  should  permit.  Until  such  permission 
was  received  the  order  of  commitment  by  the  various 
courts  was  to  be  suspended.^^^  Admission  was  fur- 
ther restricted  and  safeguarded  in  1907,  when  it  was 
required  that  the  person  committed  be  not  of  bad 
character  or  repute  aside  from  the  habit  for  which 
the  commitment  was  made,  and  that  there  be  a  rea- 
sonable chance  of  effecting  a  cure.  The  Board  of 
Control  was  at  the  same  time  empowered  to  dis- 
charge any  patient  when  it  was  thought  that  further 
hospital  treatment  would  result  in  no  substantial 
benefit."^ 

The  method  of  paying  for  the  support  of  inmates 
in  the  Hospital  for  Inebriates  has  always  been  iden- 
tical with  the  system  provided  for  the  hospitals  for 


192  SOCIAL  LEGISLATION  IN  IOWA 

the  insane,  and  consequently  was  affected  in  the  same 
manner  when  the  law  was  revised  in  1906.  The 
Thirty-first  General  Assembly  also  ordered  that  the 
costs  of  the  prosecution  and  maintenance  of  an  es- 
caped inebriate  should  be  paid  out  of  the  hospital 
support  or  contingent  fund  to  the  county  in  which  the 
trial  is  held.  Ten  thousand  dollars  was  appro- 
priated for  a  sewage  disposal  plant  and  for  addi- 
tional water  supply.  If  an  inebriate  confined  in  a 
State  hospital  is  discharged  or  paroled  and  has  not 
sufficient  money  to  pay  for  transportation  to  the 
place  from  which  he  or  she  was  committed,  the  hos- 
pital authorities  may  furnish  transportation  to  that 
place,  or  to  any  other  point  not  more  distant  if  the 
patient  desires.^" 

The  expenses  of  the  capture  and  return  of  paroled 
and  escaped  patients,  and  the  costs  of  the  hearing 
and  return  of  insane  patients  to  the  Hospital  for 
Inebriates  were  authorized  by  the  original  act  to 
''be  paid  by  said  hospital"  and  ''certified  by  the 
superintendent  thereof  to  the  auditor  of  state  and 
the  amount  thereof  ....  by  him  and  by  the 
treasurer  of  state  credited  to  the  support  fund  of 
said  hospital".  But  since  1909  a  much  simpler  and 
more  satisfactory  method  has  prevailed.^^^  The  law 
was  so  amended  that  such  expenses  were  to  "be  paid 
out  of  money  in  the  state  treasury  not  otherwise  ap- 
propriated, on  vouchers  executed  and  approved  as 
in  other  cases".  It  was  further  stated  that  the 
claims  should  be  paid  in  the  first  place  out  of  the 
hospital's  contingent  fund,^^^  and  that  the  support 


LEGISLATION  CONCERNING  DEFECTIVES    193 

fund  of  the  institution  should  be  accredited  at  the 
bc'giiiiiiTiij^  of  each  montli  wiili  tlie  amount  expended 
during  the  one  previous. 

The  Thirty-fourth  General  Assembly  conferred 
the  powers  of  peace  officers  upon  the  officers  and 
employees  of  the  Hospital  for  Liebriates  in  order 
that  they  mig-ht  enforce  the  rules  and  regulations  of 
the  institution.  They  may  quell  riots  or  disturb- 
ances and  make  arrests  without  warrant.^''" 

In  1913  it  was  found  advisable  to  qualify  the  law 
in  regard  to  the  parole  of  inmates. ^*^^  The  superin- 
tendent is  now  empowered  to  parole  a  patient,  not 
only  when  he  is  believed  to  be  cured,  but  also  if  he  is 
thought  to  have  improved  to  the  extent  of  making 
his  release  on  trial  expedient.  Report  blanks  may 
be  obtained  either  from  the  clerk  of  a  superior  court 
or  the  clerk  of  a  district  court  and  the  report  may 
be  approved  either  by  the  clerk  or  the  judge  of  the 
court  making  the  commitment.  If  the  patient  has 
moved  to  another  county,  however,  then  only  the 
clerk  of  the  district  court  in  the  county  of  his  actual 
residence  has  authority  to  approve  reports,  unless 
the  necessity  of  obtaining  such  approval  would  work 
a  hardship  upon  the  patient,  and  in  that  event  the 
superintendent  of  the  hospital  may  designate  some 
other  public  officer. 

Another  change  was  that  which  gave  the  superin- 
tendent power  to  parole  patients  into  the  care  of  a 
reliable  and  responsible  person  who  is  required  to 
guarantee  in  writing  to  pay  all  expenses  occasioned 
by  the  parole  and  by  the  patient's  return  if  his 


194  SOCIAL  LEGISLATION  IN  IOWA 

parole  is  violatod.^*^^  Patients  so  paroled  must  take 
the  same  pledge,  make  the  monthly  reports,  and  be 
otherwise  governed  by  the  same  provisions  as  gov- 
ern any  other  paroled  patients.  This  act  applies  to 
the  female  inebriate  patients  in  the  Mt.  Pleasant 
Hospital  for  the  Insane. 

The  last  General  Assembly  created  a  custodial  de- 
partment in  the  hospital  at  Knoxville^^^  for  the  con- 
finement of  patients  who  are  committed  after  having 
once  been  discharged,  for  habitual  inebriates  or  drug 
habituates,  and  for  those  who  are  a  menace  to  the 
maintenance  of  discipline.  Inmates  who  escape  from 
the  institution  may  be  put  into  this  department  by 
order  of  the  superintendent.  The  habitual  inebriates 
are  kept  in  buildings  or  apartments  separate  from 
all  other  patients  and  are  not  allowed  to  associate 
with  them  any  more  than  is  absolutely  necessary. 
The  sum  of  twenty-five  thousand  dollars  was  ap- 
propriated for  the  erection  of  a  custodial  building. 
No  patient  may  be  released  from  the  custodial  de- 
partment until  the  full  term  of  three  years  has 
elapsed,  but  at  the  end  of  two  years  he  may  be  trans- 
ferred to  another  department  and  then  becomes  eli- 
gible to  parole.  This  act,  however,  does  not  prohibit 
the  parole  of  patients  at  any  time  if  their  health  de- 
mands liberation  from  confinement. 

Another  new  feature  added  by  this  law  is  the  pay- 
ment of  seventy  cents  a  day,  after  ninety  consecu- 
tive days  residence  in  the  hospital  and  during  good 
behavior,  for  each  day  of  labor  faithfully  performed 
for  the  hospital.     This  sum  is  paid  out  of  the  gen- 


LEGISLATION  CONCERNING  DEFECTIVES    195 

eral  support  fund.  Fifty  cents  goes  toward  the 
maintenance  of  the  patient  and  tlie  remaining  twenty 
cents  is  sent  monthly  to  any  person  or  persons  de- 
pendent upon  him  or,  if  there  are  none,  it  is  paid  to 
the  patient  himself  upon  his  legal  release. 

EPILEPTICS 

Epileptics  were  the  second  class  of  defectives  to 
receive  the  attention  of  the  Iowa  legislature  since 
1897. 

Suitable  care  for  epileptics  is  important  as  a 
social  measure,  because  it  is  recognized  that  the  af- 
fliction is  inherited,  appearing  in  some  form  of  de- 
fectiveness. About  the  only  helpful  treatment  thus 
far  discovered  consists  of  suitable  diet,  regular 
habits,  congenial  environment,  and  proper  recrea- 
tion. It  is  a  progressive  disease  accompanied  by 
gradual  deterioration  of  physical  and  mental  powers 
from  which  there  is  slight  hope  of  recovery.  The 
colony  plan  of  public  care  is,  therefore,  especially 
adapted  to  these  unfortunates ;  but  it  is  only  in  re- 
cent years  that  States  have  established  institutions 
exclusively  for  epileptics.^*^* 

It  was  the  Thirty-fifth  General  Assembly  that  au- 
thorized the  establishment  of  a  colony  to  which  all 
adults  afflicted  with  epilepsy,  w^ho  have  been  resi- 
dents of  Iowa  one  year  previous  to  ap])lication  for 
admission,  and  all  children  so  afflicted,  whose  par- 
ents fulfill  the  residence  qualifications,  may  be  ad- 
mitted. The  purpose  of  the  institution  is  the  ''cus- 
tody, care  and  treatment  of  epileptics  and  the  scien- 


196  SOCIAL  LEGISLATION  IN  IOWA 

tific  study  of  epilepsy. ' '  The  colony  was  placed  un- 
der the  supervision  of  the  State  Board  of  Control 
and  that  body  was  empowered  to  select  a  site  as  soon 
as  funds  should  be  provided  by  the  State.  It  was  to 
be  ''conveniently  located  with  respect  to  railways 
and  with  regard  to  water  supply  and  proper  drain- 
age, and  shall  be  suitable  for  an  institution  on  the 
colony  plan  for  both  male  and  female  inmates. "  ^*'^ 
The  necessary  funds  were  provided  by  the  special 
tax  levy  of  one-half  mill  on  the  dollar  of  the  assessed 
valuation  of  the  taxable  property  of  the  State  to  be 
made  annually  for  five  years  beginning  in  1913,  for 
the  erection  and  improvement  of  buildings  and  for 
the  purchase  of  appurtenances  for  all  of  the  va- 
rious State  institutions  under  the  Board  of  Control. 
Accordingly  the  Board  set  about  choosing  a  site,  and 
on  March  6,  1914,  voted  to  purchase  a  tract  of  land 
containing  nine  hundred  and  sixty  acres  near  Wood- 
ward in  Dallas  County.^®^ 

ASEXUALIZATION 

Eugenics  —  than  which  there  is  no  movement  for 
social  betterment  more  widely  known,  yet  so  new 
as  to  have  escaped  a  working  definition  —  has  both 
a  positive  and  negative  aspect.  Studies  in  heredity 
have  produced  enough  facts  to  prove  that  humanity 
is  no  exception  to  the  general  laws  of  biology;  but 
positive  eugenics  is  primarily  a  matter  of  educa- 
tion, and  legislation  which  attempts  to  prescribe  se- 
lective mating  will  prove  more  or  less  ineffectual  un- 
til public  sentiment  in  this  regard  has  crystallized 


LEGISLATION  CONCERNING  DEFECTIVES    197 

into  custom.  Really  effective  work  has  been  done, 
however,  in  a  negative  way  whereby  certain  defoctive 
and  degenerate  persons  are  segregated  or  sterilized. 
For  the  vast  majority  it  would  seem  that  segrega- 
tion is  the  more  practical  and  effective  method  of 
preventing  the  propagation  of  their  kind ;  yet  steril- 
ization may  be  advisable  in  some  cases.  Since  In- 
diana led  the  way  in  1907,  thirteen  States  have 
passed  sterilization  laws  applying  to  various  classes 
of  defectives  and  habitual  criminals.^" 

The  Thirty-fourth  General  Assembly  passed  the 
first  sterilization  law  in  Iowa  to  prevent  the  procre- 
ation of  habitual  criminals,  idiots,  feeble-minded, 
and  insane  persons. ^''^  If  the  managing  officer  of 
any  public  institution  of  the  State  who  had  in  his 
care  such  persons,  consulting  with  the  Board  of 
Parole  in  the  annual  examination  of  the  mental  and 
physical  condition  of  the  inmates,  should  decide  that 
the  children  of  any  of  them  would  have  a  tendency 
toward  *' disease,  crime,  insanity,  feeble-mindedness, 
idiocy  or  imbecility",  and  there  was  no  hope  of  such 
an  inmate  improving  sufficiently,  or  if  the  physical 
or  mental  condition  of  the  inmate  would  be  im- 
proved, or  if  an  inmate  was  a  moral  or  sexual  per- 
vert, an  epileptic,  or  a  syphilitic,  the  operations  of 
vasectomy  or  ligation  of  the  fallopian  tubes  were  to 
be  ordered.  Inmates  who  had  been  convicted  of 
prostitution  or  of  detaining  females  against  their 
will  for  prostitutional  purposes,  those  twice  con- 
victed of  some  other  sexual  offense,  or  those  three 
times  convicted  of  a  felony  were  to  be  also  subject  to 


198  SOCIAL  LEGISLATION  IN  IOWA 

tlie  operation.  But  a  penalty  of  $1000  fine  or  one 
year  in  the  county  jail  was  establislied  for  anyone 
who  should  "perform,  encourage,  assist  in  or  other- 
wise promote  the  performance  of  either  of  the  opera- 
tions", or  even  have  knowledge  of  them,  unless  they 
were  jjerformed  under  the  provisions  of  the  act  or 
constituted  a  medical  necessity. 

This  law,  however,  without  having  been  utilized, 
was  repealed  and  rewritten  by  the  Thirty-fifth  Gen- 
eral Assembly,  its  scope  being  broadened  and  the  ad- 
ministration altered.^^''  The  Board  of  Parole  was 
given  the  initiative  in  determining  who  should  be 
unsexed  rather  than  the  managing  officers  of  the 
various  institutions.  This  Board  was  ''authorized 
and  directed",  in  conference  with  the  managing  of- 
ficers and  physicians,  annually  or  oftener  to  "ex- 
amine into  the  mental  and  physical  conditions,  the 
records  and  family  history  of  the  inmates."  If  it 
should  be  thought  that  the  children  of  any  of  them 
would  be  liable  to  "disease,  deformity,  crime,  in- 
sanity, feeble-mindedness,  idiocy,  imbecility,  epi- 
lepsy or  alcholism",  or  if  any  of  the  inmates  might 
be  improved  mentally  or  physically  thereby,  or  if 
any  were  epileptic  or  syphilitic,  or  if  any  should 
give  evidence  of  being  moral  or  sexual  perverts,  then 
the  operations  of  vasectomy  or  ligation  of  the  fal- 
lopian tubes  might  be  ordered. 

The  list  of  those  who  might  be  required  to  submit 
to  the  operations  was  broadened.  Soliciting  was  ex- 
plicitly included  as  a  sexual  offense  and  the  neces- 
sary number  of  convictions  of  felony  was  reduced 


LEGISLATION  CONCERNING  DEFECTIVES    TOO 

from  three  to  two.  The  Board  of  Parole  was  re- 
quired to  make  aiunial  reports  to  the  Governor,  in- 
cluding ohservations  and  statistics  regarding  the 
benefits  of  the  law. 

The  penalty  for  performing  these  operations,  ex- 
cept as  authorized  l)y  law,  or  as  a  medical  necessity, 
was  changed  to  a  fine  of  not  more  than  $1000,  im- 
prisonment in  the  penitentiary  for  not  more  than 
one  year,  or  both. 

Syphilitics  and  epileptics  were  allowed  to  get  per- 
mission from  the  Board  of  Parole  or  a  judge  of  the 
district  court  to  have  the  operation  of  vasectomy  or 
ligation  of  the  fallopian  tubes  performed  upon 
themselves. 

The  first  attempt  to  apply  the  sterilization  law, 
however,  brought  a  test  case  into  the  Federal  court 
of  the  southern  district  of  Iowa,  and  on  June  24, 
1914,  Judge  Smith  McPherson  rendered  a  decision 
declaring  the  act  unconstitutional,  null,  and  void  in 
so  far  as  it  applies  to  persons  twice  convicted  of  a 
felony.  The  opinion  was  concurred  in  by  Judge 
Walter  I.  Smith,  United  States  Circuit  Judge  of  the 
Eighth  District,  and  Judge  John  C.  Pollock,  United 
States  District  Judge  for  the  district  of  Kansas. 
The  chief  grounds  for  the  decision  were  that  the 
statute  was  in  effect  a  bill  of  attainder,  that  it  de- 
nied equal  protection  and  due  process  of  law,  and 
that  it  provided  cruel  and  unusual  punishment. 


XII 
LEGISLATION  CONCERNING  DELINQUENTS 

CEIMINALS 

In  1909  the  duty  of  reporting  criminal  statistics  to 
the  Governor  was  transferred  to  the  Board  of 
Parole,  which  had  been  created  in  1907 ;  and  the  re- 
port was  to  include  a  resume  of  the  work  done  by 
that  Board.  Consequently  clerks  of  the  district 
courts  made  their  reports  to  the  Boards  of  Parole, 
and  the  time  was  changed  from  the  first  Mon- 
day of  November  to  the  first  Monday  of  July ;  while 
a  complete  account  of  the  expenses  involved  in  crim- 
inal trials  was  added  to  the  content  of  such  reports. 
The  time  for  the  filing  of  reports  by  county  auditors 
was  set  at  July  5th  instead  of  October  15th,  and 
sheriffs  were  also  required  to  submit  their  calendars 
to  the  clerk  of  the  district  court  by  July  5th  of  each 
year.^^° 

But  in  1913  the  time  of  filing  of  the  reports  of 
clerks  of  the  district  courts  was  deferred  until  July 
15th,  and  it  was  required  that  the  reports  should  in- 
clude data  on  the  number  of  acquittals  and  dismis- 
sals without  trial,  and  on  the  crimes  for  which  indict- 
ments were  made  in  these  cases.  The  county  auditor 
must  now  include  in  his  reports  ''all  the  items  of 
criminal  expenses  which  appear  in  the  records  of 
his  office  ".^^^ 

200 


LEGISLATION  CONCERNING  DELINQUENTS  201 

In  1909  the  penalty  for  escaping  from  jail  was  ex- 
tended so  as  to  apply  to  those  wlio  "escape  from  the 
custody  of  the  officer"  charged  with  their  keeping.''' 
The  same  General  Assembly  removed  the  restriction 
excusing  able-bodied  men  over  fifty  years  of  age 
confined  in  jails  from  being  required  to  perform 
hard  labor,  so  that  now  the  only  requirement  is  that 
they  be  over  eighteen.^'^ 

The  law  in  the  interest  of  female  prisoners  author- 
izing mayors  in  cities  of  25,000  population  or  over  to 
appoint  two  or  more  police  matrons  for  each  station- 
house  was  revised  in  1898.  The  number  of  matrons 
was  reduced  to  ''one  or  more",  but  their  appoint- 
ment was  made  obligatory  in  cities  of  over  35,000 
population.^'*  In  1907  these  requirements  were  ex- 
tended over  cities  acting  under  special  charters.'" 

Another  law  relating  to  the  confinement  of  women 
in  jails,  which  was  a  step  in  the  direction  of  proper 
treatment,  was  passed  in  1911.  A  majority  of  the 
jails  in  Iowa  are  kept  in  a  despicable  condition,  and 
are  unfit  for  the  occupancy  of  any  person.  It  is  per- 
haps for  this  reason,  together  -with  the  consequent 
relief  of  the  State  from  the  expense  of  their  keep, 
that  women  are  now  allowed  to  be  committed  to 
''any  institution,  society,  association,  corporation  or 
organization  having  for  its  objects,  in  whole  or  in 
part,  the  furnishing  of  relief,  care  and  assistance  to 
the  poor,  dissolute,  needy  or  unfortunate,  or  any 
other  charitable  or  benevolent  object",  which  is  in 
the  judicial  district  of  the  court  making  the  commit- 
ment.    The  commitment  is  made  for  a  term  no  long- 


202  SOCIAL  LEGISLATION  IN  IOWA 

er  than  the  corresponding  jail  sentence,  and  women 
may  be  removed  from  jails  to  such  institutions  for 
unexpired  terms  or  returned  therefrom  to  the  prop- 
er jail  at  any  time  to  complete  there  the  unexpired 
term  of  the  original  commitment.  Women  in  such 
an  institution  are  under  the  control  of  the  managing 
head  of  that  institution  and  may  be  required  to  do 
any  ''reasonable,  fit  and  proper  labor"  required  by 
the  manager,  as  the  sole  pay  for  their  keep.  The 
Board  of  Control  has  the  right  to  visit  any  institu- 
tion where  a  woman  is  imprisoned  under  this  act, 
and  if  conditions  in  the  institutions  are  found  to  be 
unsuitable,  all  persons  so  confined  must  be  surren- 
dered to  the  court  making  the  commitment.^^** 

PENITENTIAEIES 

Administration.  —  It  is  in  connection  with  the  pen- 
itentiaries that  the  greatest  progress  in  the  treat- 
ment of  delinquents  has  been  made  in  Iowa.  On 
July  1,  1898,  the  general  supervision  of  these  insti- 
tutions was  transferred  to  the  Board  of  Control. 
That  body  was  also  given  power  to  appoint  the  war- 
dens for  terms  of  four  years. ^^^ 

When  the  women's  department  of  the  State  Pen- 
itentiary at  Anamosa  was  converted  into  the  "Iowa 
industrial  reformatory  for  females"  in  1900  it  was 
also  placed  under  the  supervision  of  the  Board  of 
Control.  That  Board  was  to  appoint  the  chief  ex- 
ecutive officer  and  provide  for  as  many  other  officers, 
to  be  appointed  by  the  chief  executive,  as  it  deemed 
proper.     The  physician,  chaplain,  and  storekeeper 


LEGISLATION  CONCERNING  DELINQUENTS  203 

of  the  penitentiary  were  to  serve  also  in  that  capac- 
ity for  the  reformatory.^" 

In  1904  an  act  was  passed  providing  for  an  as- 
sistant deputy  warden  for  each  penitentiary,  whose 
duties  were  to  act  as  deputy  warden  in  the  absence 
or  inability  of  that  officer,  and  to  do  anything  else 
prescribed  by  the  warden  with  the  approval  of  the 
Board  of  Control.  At  the  same  time  the  assistant 
deputy  warden  at  Anamosa  was  relieved  of  charge 
of  the  department  for  the  insane.  Of  the  two  ma- 
trons, the  salary  of  only  the  one  at  Anamosa  was 
thereafter  fixed  by  statute."® 

In  1898  wardens  were  given  the  power  to  assign 
guards  to  any  duty  that  might  be  necessary  to  prop- 
erly conduct  the  business  of  the  penitentiaries.^^'' 
The  minimum  number  of  guards,  as  established  by 
the  Thirty-second  General  Assembly,  Avas  to  be  for- 
ty-five at  Fort  Madison  and  forty-two  at  Anamosa.^^' 

But  the  greatest  innovation  in  the  management  of 
criminal  institutions  came  in  1907  when  the  peniten- 
tiary at  Anamosa  was  converted  into  *'The  Reform- 
atory", to  be  ''the  reformatory  department  of  the 
state  penitentiary  of  Iowa",  and  the  indeterminate 
sentence  was  established.  At  that  time  a  new  piece 
of  administrative  machinery  was  created  in  the 
shape  of  the  Board  of  Parole.^^- 

The  Board  of  Parole  is  composed  of  three  mem- 
bers —  one  an  attorney,  and  not  more  than  two  from 
the  same  political  party  —  appointed  by  the  Gov- 
ernor for  a  term  of  six  years,  one  to  retire  every  two 
years.     Their  office  is  at  the  capitol  and  four  ses- 


204  SOCIAL  LEGISLATION  IN  IOWA 

sions  must  be  held  every  year.  Compensation  was 
originally  ten  dollars  a  day  while  on  dut}^,  but  not 
exceeding  a  total  amount  of  $1000  a  year.  In  1911, 
however,  the  $1000  limit  was  removed.^^^  A  secre- 
tary is  employed  at  a  salary  of  $2000  a  year. 

The  Board  has  full  charge  of  the  granting  of 
paroles  and  may  establish  such  rules  and  regulations 
as  it  sees  fit.  It  investigates  applications  and,  when 
conditions  warrant,  makes  recommendations  for  par- 
dons. It  is  also  supposed  to  assist  in  procuring  the 
necessary  employment  with  trustworthy  employers 
for  prisoners  about  to  be  paroled,  and  to  render  any 
assistance  deemed  necessary  to  the  success  of  the 
parole  system. 

Some  minor  changes  made  during  the  last  seven- 
teen years  in  the  law  relating  to  the  officers  of  the 
penitentiaries  have  been  to  give  the  deputy  warden 
at  Anamosa  the  use  of  the  house  occupied  by  the 
warden  prior  to  1898 ;  ^^*  to  reduce  the  bonds  of  the 
wardens  and  clerks  from  $50,000  to  $25,000  and  from 
$40,000  to  $20,000,  respectively,^^^  to  raise  the  salary 
of  the  physician  at  Fort  Madison  from  fifty  to  sev- 
enty-five dollars  a  month ;  ^^^  to  classify  the  gnards 
of  the  penitentiaries  into  three  divisions  '' according 
to  qualification,  length  of  service,  character  of  duties 
performed  and  general  efficiency,"  the  first  to  re- 
ceive a  maximum  salary  of  sixty-five  dollars  a 
month,  the  second  fifty-five,  and  the  third  fifty ;  ^^^  to 
increase  the  salaiy  of  the  chaplains  from  seventy  to 
one  hundred  dollars  a  month ;  ^^^  and  to  provide  for 
an  annual  vacation  of  fifteen  days  with  pay,  for  of- 


LEGISLATION  CONCERNING  DELINQUENTS  205 

ficers  and  guards,  to  be  granted  by  the  warden  upon 
application  if  the  officer  or  guard  has  been  continu- 
ously employed  in  the  penitentiary  for  a  year.^*^ 

Support.  —  Since  1898  the  system  of  support  pro- 
vided under  the  act  creating  the  Board  of  Control 
has  obtained.  "When  the  Reformatory  for  Women 
was  authorized  in  1900,  an  appropriation  of  fifteen 
dollars  a  month  for  each  prisoner  was  provided  to 
pay  for  the  ''support,  care,  maintenance,  clothing, 
and  transportation  of  the  inmates  of  said  reforma- 
tory, and  for  the  purpose  of  maintaining  the  schools 
therein ".^^°  Upon  the  recommendation  of  the  Board 
of  Control,^°^  the  Thirty-fifth  General  Assembly  in- 
creased the  monthly  allowance  for  the  support  of 
each  convict  in  the  penitentiaries  by  two  dollars, 
making  the  amount  eleven  dollars  at  Fort  Madison 
and  eleven  dollars  and  fifty  cents  at  Anamosa.^^^ 

Custody.  —  Until  the  establishment  of  the  reform- 
atory at  Anamosa  convicts,  except  the  insane,  were 
incarcerated  in  either  penitentiary  and  under  the 
same  classification  as  to  punishment. ^^^  At  that 
time,  however,  in  order  that  the  business  of  reform 
might  be  conducted  under  the  most  favorable  cir- 
cumstances, it  was  decreed  that  men  between  sixteen 
and  thirty  years  of  age,  convicted  of  felony  for  the 
first  time,  should  be  committed  to  the  reformatory 
unless  the  crime  consists  of  murder,  treason,  sodo- 
my, or  incest.  The  court  may,  at  its  discretion,  com- 
mit either  to  the  reformatory  or  to  the  penitentiary, 


206  SOCIAL  LEGISLATION  IN  IOWA 

any  person  convicted  of  ' '  rape,  robbery,  or  of  break- 
ing  and  entering  a  dwelling  house  in  the  night  time 
with  intent  to  commit  a  public  offense  therein".  The 
department  for  the  insane  was  to  continue  on  the 
same  status  as  formerly. 

The  Board  of  Control  may  transfer  a  male  pris- 
oner from  Anamosa  to  Fort  Madison  for  violation 
of  the  rules  of  the  reformatory,  for  insubordination, 
or  when  he  is  not  deemed  a  hopeful  subject  for  the 
reformatory  system.  Prisoners  may  also  be  trans- 
ferred to  Fort  Madison  if  it  is  discovered  that  they 
were  over  thirty  years  old  at  the  time  of  the  commit- 
ment, or  have  been  convicted  of  felony  for  the  sec- 
ond time.  Those  in  the  reformatory  on  July  4, 1907, 
who  were  convicted  of  murder  in  the  first  degree  and 
those  who  were  life  prisoners,  unless  the  latter  were 
over  fifty-five  years  of  age,  were  to  be  transferred 
to  Fort  Madison.  Whenever  the  number  of  inmates 
at  Fort  Madison  exceeds  the  number  of  cells,  and 
there  is  unoccupied  room  at  Anamosa,  the  Board  of 
Control  may  transfer  to  the  reformatory  the  well- 
behaved  and  most  promising  convicts  confined  at  the 
penitentiary  for  their  first  offense.  All  women  con- 
victed of  felony  and  sentenced  to  confinement  in  the 
penitentiary  have  been  sent  to  Anamosa  since 
1907.^'* 

In  its  latest  effort  to  correct  the  defects  of  char- 
acter and  training  among  criminals,  the  State  of 
Iowa  in  1913,  following  the  example  of  Alabama, 
Florida,  Massachusetts,  Mississippi,  New  York,'^^ 


LEGISLATION  CONCERNING  DELINQUENTS  207 

North  Carolina,  Rliode  Island,  and  Texas,  author- 
ized a  tax  levy,  of  which  a  part  should  be  expended 
in  establishing  a  district  custodial  farm.  This  was 
in  a  sense  the  culmination  of  much  legislation  direct- 
ed against  the  contract  system  of  convict  labor  and 
attempting  to  provide  in  its  place  employment  not 
only  beneficial  to  the  prisoners  but  non-competitive 
as  well.  The  Board  of  Control  signed  a  contract  on 
November  12,  1914,  to  purchase  seven  hundred  and 
eighty-two  acres  of  the  Flynn  farm  near  Des  Moines 
to  be  converted  into  a  custodial  farm  for  first  and 
short-term  prisoners.  The  contract  was  to  become 
binding  on  the  condition  that  the  Chicago,  Milwau- 
kee, and  St.  Paul  Railroad  place  a  siding  on  the 
farm.^®^ 

In  1900  it  was  provided  that  girls  between  nine 
and  sixteen  years  of  age,  who  would  otherwise  be 
committed  to  the  Industrial  School  for  Girls  at 
Mitchellville,  could,  at  the  discretion  of  the  court,  be 
sent  to  the  Industrial  Reformatory  for  Females  at 
Anamosa.  Unruly  and  incorrigible  women  and  girls 
over  fourteen  years  of  age  already  at  the  Industrial 
School  for  Girls  could  be  transferred  to  the  reform- 
atory.^^^ 

Sentence.  —  In  1902  a  minimum  penalty  of  twenty- 
five  years  in  the  penitentiary  was  established  for 
habitual  criminals,  who  were  defined  as  those  having 
been  twice  i)reviously  convicted,  sentenced,  and  com- 
mitted to  prison  for  terms  of  not  less  than  three 


208  SOCIAL  LEGISLATION  IN  IOWA 

years  each.  If  they  have  been  pardoned  at  either 
of  these  times  on  account  of  being  innocent,  that  in- 
carceration is  not  considered  as  one  of  the  two.^^® 

For  several  years  penologists  and  students  of 
criminology  had  realized  that  in  Iowa  there  was 
urgent  need  for  a  positive  attitude  in  regard  to  penal 
institutions,  that  is,  there  was  need  for  the  estab- 
lishment in  this  State  of  the  tried  and  constructive 
principle  that  it  is  the  duty  of  the  government  not 
only  to  deter  members  of  society  who  are  out  of 
harmony  with  their  environment,  but  at  the  same 
time  to  offer  them  the  opportunity  to  reestablish 
themselves  in  normal  relationships  —  being  another 
application  of  the  time-honored  axiom  that  preven- 
tion is  better  than  cure. 

Accordingly,  the  Thirtieth  General  Assembly 
passed  a  joint  resolution  authorizing  the  appoint- 
ment of  a  committee  of  three  —  one  member  from 
the  Senate  and  two  from  the  House  —  to  investigate 
the  Elmira  reformatory  system  and  the  indeter- 
minate sentence,  and  to  report  at  the  next  meeting 
of  the  legislature.  The  sum  of  five  hundred  dollars 
was  appropriated  to  cover  the  expenses  of  the  com- 
mittee.^^® 

But  the  Thirty-first  General  Assembly  took  no  ac- 
tion and  it  was  left  to  the  Thirty-second  in  1907  to 
place  the  Indeterminate  Sentences  and  Reformatory 
Act  upon  the  statute  books.  While  the  work  of  re- 
form within  penal  institutions  has  been  significant, 
the  indeterminate  sentence  and  the  parole  system 
are  the  measures  most  indicative  of  the  modern  con- 


LEGISLATION  CONCERNING  DELINQUENTS  209 

ception  that  punishment  should  be  corrective  rather 
than  vindictive.  Bein^  manifestly  an  instrument 
facilitating-  reform,  the  indeterminate  sentence  finds 
its  justification  in  the  proposition  that  no  person  can 
foretell  the  time  which  will  be  necessary  to  effect  a 
moral  and  intellectual  cure  any  more  than  the  per- 
sistence of  a  physical  malady  can  be  predicted.  The 
object,  then,  is  to  afford  sufficient  opportunity  to  se- 
cure a  reformation  and  at  the  same  time  avoid  bur- 
dening the  State  any  longer  than  is  necessary.  It  is 
also  to  be  observed  that  a  term  of  confinement  de- 
termined by  good  conduct  has  the  intrinsic  value  of 
encouraging  personal  exertion  and  self-control  on 
the  part  of  the  convict.  As  a  corollary  to  the  inde- 
terminate sentence  the  parole  system  has  been  em- 
ployed in  order  that  prisoners  may  be  given  a  trial 
at  right  living  before  they  are  unconditionally  re- 
turned to  society.  More  recently  the  scheme  of  pro- 
bation, which  means  the  suspension  of  a  sentence  in 
the  case  of  first  offenders  and  a  chance  to  mend  their 
vrays  without  the  odium  of  prison  confinement  being 
attached  to  their  name,  has  met  with  much  favor  and 
no  little  success.^"" 

Since  July  4, 1907,  no  sentence  of  any  person  over 
sixteen  years  of  age,  unless  convicted  of  treason  or 
murder,  has  been  for  a  fixed  term.  The  period  of 
confinement,  however,  can  not  be  longer  than  the 
maximum  term  provided  by  law  for  the  punishment 
of  the  crime  of  which  the  person  was  convicted. 
Separate  but  continuous  sentences  are  considered  as 
one.     If  the  felony  is  punishable  by  imprisonment 


210  SOCIAL  LEGISLATION  IN  IOWA 

in  the  penitentiary,  or  by  fine,  or  by  imprisonment  in 
the  county  jail,  or  both,  then  the  operation  of  the 
indeterminate  sentence  law  does  not  prohibit  the 
court  from  exercising  its  discretion  and  imposing 
the  lighter  sentence.*"^ 

In  1911  when  the  probation  feature  was  adopted  it 
was  made  possible  for  a  trial  judge  to  suspend  the 
execution  of  a  sentence  if  the  person  convicted  was 
between  sixteen  and  twenty-five  years  of  age,  if  it 
was  his  first  conviction  of  felony,  and  if  the  crime 
did  not  consist  of  treason,  murder,  rape,  robbery,  or 
arson.  During  such  a  suspension  of  sentence  the 
convict  is  to  be  placed  in  the  custody  and  care  of 
some  suitable  person,  a  resident  and  citizen  of  Iowa, 
from  whom  monthly  reports  to  the  district  court 
making  the  conviction,  showing  the  whereabouts  and 
conduct  of  the  convict,  are  required.  Such  a  suspen- 
sion order  is  subject  to  revocation  at  any  time  and 
in  that  event  the  defendant  is  punished  according  to 
the  judgment.*''- 

An  amendment  was  made  in  1913  by  adding  the 
qualification  that  a  pardon  may  be  granted  by  the 
Governor,  with  such  restrictions  and  limitations  as 
he  thinks  proper,  any  time  after  the  suspension  of 
execution  of  the  sentence  is  pronounced.*"^ 

Employment.  —  As  has  been  previously  noted,  the 
Code  of  1897  authorizes  the  contracting  out  of  prison 
labor  only  in  the  penitentiary  at  Fort  Madison. 
Able-bodied  male  persons  could  be  taken  to  Anamosa 
and  there  employed  in  the  stone  quarries  and  on  con- 


LEGISLATION  CONCERNING  DELINQUENTS  211 

striiction  work  about  the  prison.  When  not  other- 
wise employed  the  prisoners  were  to  be  set  to  work 
with  hammers  breaking  refuse  stone  into  pieces  not 
more  than  two  and  one-half  inches  in  diameter,  and 
such  stone  was  furnished  free,  except  for  transpor- 
tation charges,  to  local  authorities  for  use  in  the  im- 
provement of  streets  and  highways/"* 

But  with  the  passage  of  the  act  creating  tlie  State 
Board  of  Control  in  1898  the  contract  restriction 
was  apparently  removed,*"^  for  immediately  a  con- 
tract was  entered  into  with  the  Anamosa  Cooperage 
Company  for  the  manufacture  of  butter  tubs,  pails, 
and  barrels/"^  The  same  year  a  contract  for  five 
years  was  made  with  the  Iowa  Button  Company, 
employing  prisoners  at  Fort  Madison. *°^  The  Twen- 
ty-eighth General  Assembly,  however,  passed  a  law 
prohibiting  the  "manufacture  for  sale  [of]  any 
pearl  buttons  or  butter  tubs  in  the  penitentiaries  of 
this  state"  after  the  then  existing  contracts  should 
expire/"^ 

In  1902  the  law  relating  primarily  to  the  employ- 
ment of  prisoners  in  the  State  stone  quarries  ad- 
jacent to  Anamosa  was  broadened,  allowing  able- 
bodied  convicts  to  be  sent  either  to  Fort  Madison  or 
to  Anamosa  and  ''there  confined  and  worked  in 
places  and  buildings  owned  or  leased  by  the  state 
outside  of  the  penitentiary  enclosures"/"^  Thus  the 
act  legally  extended  the  confines  of  the  peniten- 
tiaries. It  came  as  the  result  of  a  decision  of  the 
Supreme  Court  of  Iowa  that  a  prisoner  concealing 
himself  in  a  quarry  and  subsequently  escaping  was 


212  SOCIAL  LEGISLATION  IN  IOWA 

not  guilty  of  breaking  and  escaping  from  the  pen- 
itentiary.*^" 

The  establishment  of  the  reformatory  carried  with 
it  the  proviso  that  inmates  should  be  employed  only 
on  State  account  and  that  such  employment  should 
"be  conducive  to  the  teaching  of  useful  trades  and 
callings  so  far  as  practicable,  and  the  intellectual 
and  moral  development  of  the  inmates"."^ 

The  same  year  it  became  permissible  to  utilize  con- 
vict labor  in  caring  for  the  houses  and  premises  oc- 
cupied by  the  wardens,  and  for  domestic  service,  but 
not  more  than  two  prisoners  may  be  so  used  at  any 
one  time."^ 

In  1913,  legislation  enacted  obviously  for  the  ben- 
efit of  the  penitentiary  and  reformatory  made  it  pos- 
sible for  able-bodied  male  prisoners  in  the  penal  in- 
stitutions of  the  State  to  be  employed  on  highways 
and  public  works. *^^  The  labor,  however,  is  not  to 
be  leased  to  contractors  nor  are  any  prisoners  al- 
lowed to  be  so  employed  whose  character  and  dis- 
position make  it  probable  that  they  would  try  to 
escape,  become  unruly,  or  break  the  law.  If  the 
health  of  the  prisoner  is  liable  to  be  injured,  or  if  he 
objects  to  the  work,  he  can  not  be  required  to  do  it. 
Prisoners  working  on  the  roads  or  public  works  are 
under  the  custody  of  the  warden  of  their  institution, 
even  though  they  may  be  controlled  by  the  honor 
system,  and  he  designates  the  necessary  guards  and 
officers  to  go  with  them.  It  is  the  duty  of  the  war- 
den and  the  Board  of  Control  to  prescribe  the  con- 
ditions and  manner  of  keeping  and  caring  for  the 


LEGIF5LATT0X  CONCERNING  DELINQUENTS  213 

prisoners  while  they  are  away.  Conspicuous  or 
ridiculous  clothing  is  not  allowed  to  be  worn.  For 
tlie  violation  of  any  rules,  for  lack  of  industry,  for 
acts  of  immorality,  or  if  likely  to  escape  a  prisoner 
may  be  summarily  returned  to  the  prison. 

Work  on  the  highways  is  under  the  supervision  of 
the  State  Highway  Commission,  but  the  county 
board  of  supervisors  or  other  local  officials  make  the 
terms  of  the  contract  with  the  Board  of  Control. 
The  State  is  paid  a  certain  compensation  for  this 
labor,  and  the  prisoners  are  allowed  such  part  of 
their  earnings,  over  the  cost  of  maintenance,  as  is 
deemed  equitable.  A  part  of  the  amount  thus 
earned  may  be  deducted  and  sent  to  the  family  or 
persons  dependent  upon  the  convict  and  the  rest,  ex- 
cept what  is  allowed  for  current  expenses,  is  deposit- 
ed in  the  bank  and  given  to  the  prisoner  on  his  re- 
lease. 

An  odious  and  obsolete  requirement  was  abolished 
when  the  Thirty-fifth  General  Assembly  struck  out 
of  the  law  in  the  Code  of  1897  relating  to  stone- 
breaking,  the  clause,  "with  hammers  into  pieces  of 
not  more  than  two  and  one-half  inches  in  diam- 
eter ".^^^ 

Treatment.  —  The  spirit  of  reform  has  done  much 
to  temper  the  treatment  of  criminals,  so  that  the 
plight  of  the  convict  is  far  from  being  as  hard  as  it 
once  was.  It  is,  however,  essential  to  understand 
that  the  abolition  of  customs  savoring  of  barbarity 
and  the  installation  of  humanitarian  measures  have 


214  SOCIAL  LEGISLATION  IN  IOWA 

been  brought  about  not  out  of  idle  sentiment  but  be- 
cause of  the  healthful  effect  or  the  mentally  or  mor- 
ally elevating  influence  on  the  prisoner. 

Since  the  adoption  of  the  Code  of  1897  the  use  of 
fees  from  visitors  has  been  a  subject  difficult  of  satis- 
factory determination.  In  1900,  seventy-five  per- 
cent of  such  receipts  was  authorized  to  be  spent  for 
the  purchase  of  books  and  periodicals  and  twenty- 
five  percent  for  lectures,  concerts,  or  entertainments 
for  the  prisoners.*^^ 

Evidently  the  public  was  more  curious  than  was 
anticipated,  for  in  1904  the  law  was  changed  to  the 
effect  that  such  funds  might  be  used  to  buy  books 
and  periodicals  for  other  State  institutions  under 
the  Board  of  Control  as  well,  and  the  proportion  to 
be  used  for  lectures,  concerts,  or  entertainments  for 
the  prisoners  could  be  reduced  to  ten  percent  at  the 
discretion  of  the  Board  of  Control.*^®  But  this  ar- 
rangement did  not  work  to  good  advantage  and  since 
1913  the  money  collected  from  visitors  in  the  pen- 
itentiary and  reformatory  has  been  applied  *'in  the 
purchase  of  books,  periodicals,  newspapers,  and  fur- 
niture and  furnishings  for  library  and  reading 
rooms,  and  for  lectures,  concerts  and  other  enter- 
tainments and  musical  instruments  and  musical  sup- 
plies for  the  institution  for  which  it  was  collected." 
If  there  is  a  surplus  it  is  transferred  to  the  support 
fund.*" 

In  the  Iowa  Industrial  Reformatory  for  Females, 
which  has  not  yet  been  opened,  each  inmate  is  to  be 
'instructed   in   piety   and   morality,    and   in    such 


LEGISLATION  CONCERNING  DELINQUENTS  215 

branches  of  useful  knowledge  as  are  adapted  to  her 
age  and  capacity,  and  in  some  regular  course  of 
labor,  as  is  best  suited  to  her  age,  strength,  disposi- 
tion, and  capacity,  and  as  promises  best  to  secure  the 
reformation  and  future  well-being  of  the  inmate,  and 
to  tliat  end  the  board  of  control  is  autliorized  to 
establish,  and  cause  to  be  operated,  in  such  institu- 
tions, schools  for  education  and  industrial  train- 
ing"."« 

The  Board  of  Control  has  been  assigned  the  duty 
of  seeing  to  it  that  wardens  provide  ''adequate  and 
ready"  means  of  protection  against  fire,  construct 
proper  means  of  escape,  and  enforce  rigid  rules  and 
regulations  in  order  to  minimize  the  danger  of 
fire."" 

Besides  what  is  required  in  the  statutes,  the  Board 
of  Control  and  wardens  have  made  rules  and  regula- 
tions tending  to  better  the  condition  of  the  prisoners. 
A  good  instance  is  furnished  by  the  cessation  of  the 
issue  of  tobacco  rations  and  the  substitution  of  but- 
ter instead.^^" 

Escape.  —  As  the  system  of  parole  and  convict 
labor  outside  of  the  prison  walls  has  in  effect  extend- 
ed the  confines  of  these  institutions,  the  laws  defin- 
ing escape  have  also  been  revised  so  that  there  need 
be  no  actual  breaking  nor  even  the  presence  of  an 
officer.  The  limits  of  the  penitentiary  have  been 
made  to  legally  include  places  and  buildings  owned 
or  leased  outside  of  the  penitentiary  enclosures,  or 
public  roads  used  in  going  to  and  from  such  places 


216  SOCIAL  LEGISLATION  IN  IOWA 

of  employment,  so  that  an  escape  from  these  places 
could  be  regarded  as  prison  breach  also.*-^  Provi- 
sion was  made  in  1900  that  the  costs  and  fees  of 
prosecution  should  be  paid  by  the  State  if  the  pros- 
ecution fails,  or  if  they  can  not  be  collected  from  the 
person  liable  to  pay  them.*^- 

These  rules  were  finally  revised  in  1913  to  bring 
them  into  harmony  with  the  laws  allowing  prisoners 
to  be  used  on  the  highways,  the  reformatory  system, 
and  the  method  of  parole.  Now  a  prisoner  is  con- 
sidered to  have  escaped  from  the  penitentiary  or 
reformatory  if  he  leaves  without  authority  any  place 
whatsoever  in  which  he  is  placed  and  * '  it  is  not  neces- 
sary that  the  prisoner  be  within  any  walls  or  en- 
closure nor  that  there  shall  be  any  actual  breaking 
nor  that  he  be  in  the  presence  or  actual  custody  of 
any  officer  or  other  person."  Even  if  a  person  on 
parole  should  leave  the  territory  within  which  the 
terms  of  the  parole  restrict  him  without  the  written 
consent  of  the  Board  of  Parole,  or  if  he  violates  any 
other  condition  of  his  parole,  he  is  deemed  to  have 
escaped.*-^  The  penalty  for  escape  has  remained 
the  same. 

In  1904  an  act  was  passed  making  it  an  offense 
against  public  justice,  punishable  by  imprisonment 
in  the  penitentiary  for  not  more  than  five  years,  to 
pass  in  or  attempt  to  pass  in  to  any  penitentiary,  re- 
formatory, or  grounds  or  places  used  in  connection 
therewith,  any  opium,  morphine,  cocaine,  or  other 
narcotic  or  any  intoxicating  liquor,  or  any  firearm, 
weapon  or  explosive,  or  any  rope,  ladder,  or  other 


LEGISLATION  CONCEK XT  NT;  DKLTXQUEXTS  217 

device  for  making  an  escape."'*  This  law  was  made 
more  inclusive  in  1913  by  making  it  an  offense  pun- 
ishable by  imprisonment  in  the  penitentiary  or  re- 
formatory for  not  more  than  five  years,  or  by  a  fine 
of  from  $100  to  $1000,  to  place  any  drugs,  liquors, 
weapons,  or  explosives  where  they  are  likely  to  be 
found  by  prisoners.""  In  both  laws  it  was  provided 
that  the  finding  of  any  of  the  above  articles  in  these 
places  was  to  be  considered  presumptive  evidence 
that  they  were  there  for  the  prisoners. 

Parole  and  Pardon.  —  While  the  Governor  has  al- 
ways been  privileged  to  grant  reprieves,  pardons,  or 
commutations  of  sentence  *-^  the  first  intimation  of 
a  system  of  parole  for  adult  criminal  offenders  ap- 
peared in  1900  when  the  Iowa  Industrial  Reforma- 
tory for  Females  was  established  by  law.  At  that 
time  the  Board  of  Control  was  given  power  to  order 
the  parole  of  an  inmate  for  ''good  conduct  and  for 
proficiency  in  studies"."-^  It  is  to  be  remembered, 
however,  that  this  institution  has  not  yet  been  put 
into  operation  and  now  the  Board  of  Parole  created 
in  1907  would  have  jurisdiction.  That  body  may 
establish  rules  and  regulations  under  which  paroles 
may  be  granted  by  it  to  prisoners  in  the  peniten- 
tiaries, except  to  those  serving  life  terms. "^*  It  is 
the  duty  of  the  clerk  of  the  district  court  making  the 
commitment  to  furnish  data  to  the  Board  of  Parole 
concerning  the  trial  and  facts  discovered  at  that 
time  which  may  guide  it  in  the  parole  of  convicts. 
A  parole  enables  the  prisoner  to  go  outside  of  the 


218  SOCIAL  LEGISLATION  IN  IOWA 

enclosure  of  the  penitentiary,  but  does  not  release 
him  from  legal  custody  and  he  may  be  re-imprisoned 
at  any  time.  No  prisoners  can  be  paroled  until  ar- 
rangements have  been  made  for  their  employment  or 
maintenance  for  at  least  six  months.  It  is  the  duty 
of  peace  officers  to  assist  in  returning  paroled  pris- 
oners when  so  authorized.  If  the  terms  of  the 
parole  are  violated  the  time  during  which  the  convict 
is  absent  does  not  apply  on  his  sentence. 

Unless  provided  for  in  their  rules  the  Board  of 
Parole  may  not  receive  unsolicited  a  petition  for 
parole.  When  sent  out  on  parole,  a  prisoner  is  to 
be  furnished  with  clothing,  money,  and  transporta- 
tion as  if  he  were  discharged,  but  if  he  is  discharged 
while  on  parole  then  no  further  aid  is  given. *^^  Since 
1909  the  Board  of  Parole,  upon  the  recommendation 
of  the  trial  judge  and  the  county  attorney,  has  been 
able  to  parole,  after  conviction  and  before  commit- 
ment, persons  not  previously  convicted  of  a  felony, 
thereby  appreciably  extending  the  system  of  proba- 
tion.*^" 

When  the  Board  of  Parole  was  created  it  became 
one  of  its  duties  to  investigate  all  applications  for 
pardon,  under  the  direction  of  the  Governor.  Un- 
less it  is  provided  for  in  the  adopted  rules  of  the 
Board  of  Parole,  however,  that  body  may  not  receive 
unsolicited  any  petition,  communication,  or  argu- 
ment in  regard  to  a  pardon.  It  is  likewise  the  duty 
of  the  Board  of  Parole  to  keep  in  touch  with  paroled 
convicts  and  if  one  has  served  twelve  months  of  his 
parole  acceptably,  and  promises  well  for  the  future, 


LEGISLATION  CONCERNING  DELINQUENTS  210 

the  Board  may  recommend  bis  release  from  the  rest 
of  his  sentence.*^^ 

Tliis  arraiisenioiit  rendered  antiquated  tlie  system 
of  laying  before  the  General  Assembly  the  proposi- 
tion of  pardoning  first  degree  murder  convicts,  so 
that  in  1911  the  same  process  was  made  to  apply  to 
the  Board  of  Parole  instead  of  the  legislature/^^ 

JUVENILE  DELINQUENTS 

The  Juvenile  Court.  —  Simultaneous  with  the  de- 
velopment of  a  constructive  attitude  toward  other 
offenders,  the  treatment  of  juvenile  delinquents  be- 
gan to  receive  proportional  attention.  As  the  estab- 
lishment of  the  New  York  House  of  Refuge  in  1825 
for  the  custody  of  juvenile  offenders  had  introduced 
a  new  era  so  the  enactment  of  the  Illinois  juvenile 
court  law  in  1899  proclaimed  another  epoch  in  the 
treatment  of  juveniles.  Not  only  were  they  to  be  no 
longer  punished  as  criminals,  but  their  trial  was  to 
be  conducted  according  to  civil  procedure,  not  crim- 
inal, and  the  State  was  henceforth  to  be  ''for  Jimmie 
Jones"  not  against  him.  The  rapid  extension  of 
this  institution  of  such  far-reaching  importance  — 
for  within  ten  years  juvenile  courts  were  in  opera- 
tion in  thirty-one  States  —  is  ample  demonstration 
of  the  soundness  of  the  principle  upon  which  it 
rests. ^^^ 

In  Iowa  the  juvenile  court  Avas  established  in 
1904.""  At  that  time  the  district  court  was  "clothed 
with  original  and  full  jurisdiction"  to  sit  on  cases 
involving  children  under  sixteen  years  of  age  not  in 


220  SOCIAL  LEGISLATION  IN  IOWA 

an  institution  or  charged  with  the  commission  of  of- 
fenses punishable  with  life  imprisonment  or  death, 
and  any  such  case  appearing  in  a  justice  of  the  peace 
or  police  court  must  be  at  once  transferred.  The 
juvenile  court  is  open  at  all  times  for  business,  but 
cases  requiring  notice  and  a  definite  place  of  trial 
must  be  held  in  term  time  or  at  such  time  and  place 
as  the  judge  may  appoint. 

For  juvenile  court  purposes  a  dependent  or  neg- 
lected child  is  defined  as  one  who  is  "destitute  or 
homeless  or  abandoned;  or  dependent  upon  the  pub- 
lic for  support ;  or  who  has  not  proper  parental  care 
or  guardianship ;  or  who  habitually  begs  or  receives 
alms ;  or  who  is  found  living  in  any  house  of  ill  fame, 
or  with  any  vicious  or  disreputable  person ;  or  whose 
home,  by  reason  of  neglect,  cruelty  or  depravity  on 
the  part  of  its  parents  or  guardian  or  other  person 
in  whose  care  it  may  be,  is  an  unfit  place  for  such 
child;  and  any  child  under  the  age  of  ten  years,  who 
is  found  begging,  or  giving  any  public  entertainment 
upon  the  street  for  pecuniary  gain  for  self  or  an- 
other; or  who  accompanies  or  is  used  in  aid  of  any 
person  so  doing ;  or  who,  by  reason  of  other  vicious, 
base  or  corrupting  surroundings,  is,  in  the  opinion  of 
the  court,  within  the  spirit  of  this  act." 

A  delinquent  child  is  one  under  the  age  of  sixteen 
years  who  "violates  any  law  of  this  state,  or  any  city 
or  village  ordinance ;  or  who  is  incorrigible ;  or  who 
knowingly  associates  with  thieves,  vicious  or  im- 
moral persons,  or  who  is  growing  up  in  idleness  or 
crime;  or  who  knowingly  frequents  a  house  of  ill 


LEGISLATION  CONCERNING  DELINQUENTS  221 

fame;  or  who  patronizes  any  policy  shop  or  place 
where  any  i^-amiiii^  device  is,  or  shall  be  operated ;  or 
who  habitually  wanders  about  any  railroad  yards  or 
tracks,  gets  upon  any  moving  train  or  enters  any 
car  or  engine  without  lawful  authority." 

In  order  that  the  court  should  be  of  still  more 
practical  value  the  act  provided  for  the  appointment 
of  **one  or  more  discreet  persons  of  good  character" 
to  serve  as  probation  officers,  without  public  com- 
pensation. It  is  their  duty  to  investigate  cases 
brought  before  the  court,  represent  the  interests  of 
the  child  on  trial,  furnish  information  and  assistance 
to  the  judge,  and  take  charge  of  the  child  before  and 
after  trial  if  so  directed  by  the  court. 

Any  reputable  person,  a  resident  of  the  county, 
may  file  with  the  clerk  of  the  district  court  a  peti- 
tion in  writing  setting  forth  that  a  child  is  depend- 
ent, neglected,  or  delinquent.  Thereupon  the  person 
having  control  of  the  child  is  summoned  to  appear 
before  the  court  with  the  child,  and  failing  to  do  so 
may  be  held  for  contempt  of  court.  A  warrant  may 
be  issued  for  the  child  if  necessary.  A  relative  or 
some  other  person  suitable  to  act  in  behalf  of  the 
child  is  notified  of  the  proceedings.  If  the  child  is 
tried  in  a  summary  manner  all  persons  not  neces- 
sary to  the  hearing  of  the  case  may  be  excluded,  but 
the  probation  officer  must  be  present  at  all  hearings. 

If  the  child  is  brought  before  the  court  charged 
A\dtli  the  commission  of  a  crime  not  punishable  by 
death  or  life  imprisonment,  on  demand  he  must  be 
given  a  trial  for  the  commission  of  the  offense,  and 


222  SOCIAL  LEGISLATION  IN  IOWA 

if  the  penalty  for  such  an  offense  exceeds  a  fine  of 
one  hundred  dollars  or  imprisonment  for  thirty  days 
the  court  must  make  a  preliminary  examination,  ac- 
cording to  the  rules  for  such  an  examination  before 
a  magistrate. *^^  If  the  child  can  not  give  bail  he 
may  be  detained  with  the  person  in  charge  of  him  or 
kept  in  a  suitable  place  provided  by  the  city  or  coun- 
ty, but  no  court  or  magistrate  may  commit  a  child 
nnder  sixteen  to  a  jail  or  police  station.  If  the  case 
is  such  that  it  may  not  be  tried  on  indictment  a  peace 
officer  may  be  instructed  to  file  information  against 
the  child  and  the  court  then  proceeds  to  try  the  case 
before  a  jury  of  twelve  men.  The  same  rules  gov- 
ern such  a  trial  as  prevail  in  the  district  court. 

When  a  child  is  found  guilty  of  a  crime  not  pun- 
ishable by  life  imprisonment  or  death  the  juvenile 
court  may  exercise  discretionary  powers  as  to  con- 
viction. A  dependent  or  neglected  child  may  be 
committed  either  to  a  suitable  State  institution,  to 
the  care  of  some  reputable  citizen,  to  some  associa- 
tion whose  purpose  it  is  to  care  for  dependent  and 
neglected  children,  or  when  the  health  of  the  child 
requires,  to  some  hospital  for  treatment.  In  case 
the  child  is  committed  to  the  care  of  an  association 
or  individual  he  becomes  a  ward  of  that  association 
or  individual  and  may  be  adopted  out  or  placed  out 
with  or  without  indenture.  Any  person  having  con- 
trol of  a  dependent  or  neglected  child  may  enter  into 
an  agreement  with  an  association  or  institution 
whereby  such  an  association  or  institution  assumes 
the  same  relation  toward  the  child  as  though  the 


LEGISLATION  CONCERNING  DELINQUENTS  223 

court  had  formally  committed  the  child  without  such 
an  agreement. 

In  the  case  of  a  delinquent  child  commitment  may 
be  made  to  the  child's  own  home  or  to  that  of  some 
suitable  family  subject  to  the  custody  of  the  proba- 
tion officer,  to  whom  periodic  reports  must  be  made, 
and  subject  to  hearings  before  the  juvenile  court 
from  time  to  time ;  or  the  commitment  may  be  to  an 
industrial  school,  to  any  institution  in  the  county 
that  may  care  for  delinquent  children,  to  a  State  in- 
stitution for  delinquent  children  over  ten  years  of 
age,  or  to  any  association  caring  for  dependent  or 
neglected  children  that  will  consent  to  receive  the 
child.  No  term  of  commitment  may  extend  beyond 
majority.  The  child  may  be  paroled  from  institu- 
tions for  delinquent  children  by  the  board  of  man- 
agers and  discharged  therefrom  by  the  court.  In 
committing  a  child  the  court  is  to  place  it  so  far  as 
practicable  with  an  individual  or  association  having 
the  same  religious  belief  as  that  of  the  parents  of 
the  child. 

If  upon  investigation  the  parents  of  a  dependent, 
neglected,  or  delinquent  child  are  found  to  be  able  to 
support  it,  the  court  may  enforce  an  order  obliging 
them  to  do  so. 

The  act  placed  all  institutions  and  associations 
having  charge  of  juveniles  under  the  supervision  of 
the  State  Board  of  Control  and  provided  that  the 
juvenile  court  and  these  institutions  should  make 
annual  reports  to  the  Board. 

Since  the  original  law  was  passed  there  has  been 


224  SOCIAL  LEGISLATION  IN  IOWA 

some  change  in  the  courts  having  jurisdiction  over 
juveniles.  In  1909  superior  courts  in  cities  were 
given  concurrent  jurisdiction  with  the  district  court 
in  that  county.  The  only  difference  is  that  in  supe- 
rior courts  a  jury  trial  is  held  before  six  instead  of 
twelve  jurors. ^^'^  When  the  law  relating  to  the  pun- 
ishment of  contributory  dependency  was  passed,  the 
duty  of  the  juvenile  court  to  investigate  and  enforce 
the  care  of  a  child  by  a  parent  or  persons  in  loco  par- 
entis was  made  more  explicit  and  mandatory.  It 
may  now  aid  a  parent  in  the  "care,  custody,  main- 
tenance, education,  medical  treatment  and  disci- 
pline" of  a  child  if  it  is  deemed  necessary.*^^  A  new 
feature  was  also  added  in  connection  with  the  juve- 
nile court  law  in  1907  when,  in  counties  having  a 
population  of  over  50,000,  ^^*  the  board  of  supervis- 
ors was  instructed  to  provide  a  suitable  detention 
home  and  school  for  dependent,  neglected,  and  delin- 
quent children. *^^ 

On  account  of  these  changes  the  importance  and 
duties  of  the  probation  officers  were  increased.  In 
1907  the  district  court  in  a  county  having  a  popula- 
tion of  over  50,000  was  given  authority  to  appoint 
not  more  than  two  persons  as  probation  officers. 
They  were  vested  with  all  the  powers  and  authority 
of  sheriffs  and  allowed  a  maximum  salary  of  sev- 
enty-five dollars  a  month  and  expenses  while  on 
duty.  In  order  to  provide  the  detention  home  and 
pay  the  probation  officers,  these  counties  were  em- 
powered to  levy  an  additional  tax  of  one  mill  on  the 
dollar,^*"     When  superior  courts  were  given  juvenile 


LEOTSLATTON  CONCERNIXG  DELINQUENTS  225 

court  jurisdiction  it  was  provided  that  the  regular 
prohatioii  officer  for  tlie  district  court  sliould  act  for 
the  superior  court  when  it  was  located  at  the  county 
seat.  But  if  the  superior  court  is  located  in  a  city 
other  than  the  county  seat  and  in  a  county  of  over 
50,000  population  ""  tlien  the  judge  may  appoint  a 
probation  oflicer  with  the  same  powers  and  compen- 
sation as  those  of  the  probation  officers  of  the  dis- 
trict court  in  such  a  county.*'-  Since  1911  district 
courts  acting  as  juvenile  courts  in  counties  of  over 
50,000  population  have  been  allowed  to  appoint  as 
many  as  four  probation  officers.**^ 

Industrial  Schools.  —  Ever  since  the  establish- 
ment of  the  department  for  girls  at  Mitchellville  in 
connection  with  the  Industrial  School  that  school  has 
really  been  made  up  of  two  separate  institutions 
(one  at  Eldora  and  the  other  at  Mitchellville),  and 
in  recognition  of  this  fact  the  Thirty-fifth  General 
Assembly  declared  them  to  be  ''separate  and  dis- 
tinct", gi^^ng  them  the  names  Iowa  Industrial 
School  for  Boys  and  low^a  Industrial  School  for 
Girls.*'*  The  institution  was  of  course  transferred 
to  the  jurisdiction  of  the  Board  of  Control  in  1898, 
and  consequently  in  the  acts  of  the  following  Gen- 
eral Assembly  there  are  to  be  found  several  amend- 
ments and  repeals  in  respect  to  administration. 
Since  1900  the  superintendent  has  reported  to  the 
Board  of  Control  annually  or  upon  request.**^ 

In  accordance  with  the  system  employed  since  the 
Board  of  Control  has  been  in  existence,  the  Code  of 


226  SOCIAL  LEGISLATION  IN  IOWA 

1897  was  amended  in  1900  giving  the  superintendent 
power  to  appoint  subordinate  officers  and  removing 
the  requirements  that  he  should  give  bond  and  keep 
the  books  and  records  of  the  institution."^  He  still 
is  required  to  ''discipline,  govern,  instruct,  employ, 
and  use  his  best  endeavors  to  reform  the  pupils  in 
his  care,  so  that,  while  preserving  their  health,  he 
may  promote,  as  far  as  possible,  moral,  religious  and 
industrious  habits,  regular,  thorough  and  progres- 
sive improvement  in  their  studies,  trade  and  employ- 
ment""^ 

In  1898  the  term  ''majority"  was  changed  to 
twenty-one  in  reference  to  the  age  up  to  which  a  child 
could  be  retained  in  the  Industrial  School,***  but  up- 
on the  recommendation  of  the  Board  of  Control  in 
1899  **''  the  former  limit  was  restored,  thus  fixing  the 
age  of  discharge  at  eighteen  for  girls  and  twenty- 
one  for  boys.*^"  The  very  next  General  Assembly, 
however,  reestablished  the  age  limit  at  twenty-one 
for  both  boys  and  girls,*^^  and  so  it  has  remained. 

The  ages  between  which  a  child  could  be  commit- 
ted to  the  Industrial  School  for  crime  were  changed 
in  1900  from  seven  and  sixteen  to  nine  and  sixteen; 
and  at  the  same  time  married  women,  prostitutes,  or 
any  pregnant  girls,  eligible  on  account  of  crime,  were 
excluded.  In  the  case  of  children  voluntarily  com- 
mitted, age  limits  were  prescribed  for  the  first  time 
and  were  set  at  seven  and  sixteen.*^-  Six  years  later 
girls  aged  from  nine  to  eighteen  were  allowed  to  be 
committed  if  on  account  of  crime  *^^  and  criminal 
boys  between  nine  and  eighteen  years  of  age  have 


LEGISLATION  CONCERNING  DELINQUENTS  227 

been  eligible  since  1909.  At  this  time  the  age  limit 
of  sixteen  for  children  voluntarily  committed  was 
also  raised  to  eighteen  for  both  boys  and  girls.*"'* 

In  1911  the  law  dealing  with  commitment  was  re- 
pealed and  rewritten.  Now  the  age  limits  between 
which  a  child  may  be  sent  to  either  Industrial  School 
are  ten  and  eighteen,  whether  on  account  of  crime 
or  for  voluntary  confinement.  With  all  commit- 
ments, the  judge  must  send  a  statement  of  the  nature 
of  the  complaint,  the  date  of  birth,  the  habits  and 
environment  of  the  accused,  arrests  for  misconduct, 
influence  and  conduct  of  the  members  of  the  family, 
the  substance  of  the  evidence,  and  such  other  partic- 
ulars as  have  been  ascertained.  Neither  is  it  any 
longer  possible  for  married  women,  prostitutes,  and 
pregnant  girls  to  enter  the  Industrial  School  through 
voluntary  commitment.*^^ 

Primarily  to  furnish  a  place  for  such  women  and 
girls  the  same  General  Assembly  provided  that  such 
a  girl  of  the  right  age  to  be  sent  to  the  Industrial 
School  could  instead  be  placed  in  any  reputable  in- 
stitution in  Iowa  devoted  to  the  detention  and  re- 
formation of  wayward  and  fallen  girls,  having  re- 
gard as  far  as  possible  for  the  religious  belief  of  the 
parents.  Such  an  institution  thereafter  is  subject 
to  supervision  by  the  Board  of  Control  and  must 
make  annual  reports  to  the  Governor.*^^ 

In  1906  the  law  in  the  Code  of  1897  allowing  boys 
and  girls  in  the  Industrial  School  to  be  bound  out  *" 
was  repealed  and  rewritten.  In  order  to  protect 
children  from  being  returned  at  the  end  of  their 


228  SOCIAL  LEGISLATION  IN  IOWA 

term  to  influences  and  treatment  '' tending  to  induce 
them  to  lead  dissolute,  immoral  or  vicious  lives," 
tlio  superintendent,  with  the  consent  of  the  Board  of 
Control,  was  empowered  to  bind  such  children  out 
until  they  reached  the  age  of  majority.  The  articles 
of  agreement,  signed  by  the  superintendent  and  the 
parties  taking  the  children,  and  approved  by  the 
Board  of  Control,  were  to  "provide  for  their  cus- 
tody, care,  education,  maintenance  and  earnings". 
In  case  these  conditions  were  not  fulfilled  the  child 
might  be  removed  by  the  Board  of  Control,  but  other 
persons  not  a  party  to  the  agreement  could  assume 
or  exercise  no  control  over  the  child  or  its  earnings, 
which  were  to  be  used  exclusively  for  the  benefit  of 
the  child. *^^  Should  legal  proceedings  become  neces- 
sary to  enforce  these  provisions  it  devolved  upon  the 
county  attorney  in  the  county  where  such  action  was 
instituted  to  act  in  behalf  of  the  superintendent  at 
his  request.*^^ 

Again  in  1911  the  section  was  repealed  and  rewrit- 
ten but  the  only  changes  were  to  make  it  possible  for 
the  superintendent  to  bind  out  until  they  reach  their 
majority,  not  only  children  who  upon  discharge  will 
return  to  a  bad  environment,  but  any  child  commit- 
ted to  the  school ;  and  to  present  a  clearer  statement 
of  what  may  be  done  with  a  child  in  case  the  provi- 
sions of  the  agreement  of  indenture  are  violated.*^" 

The  power  was  given  to  the  Board  of  Control  in 
1900  to  return  all  unruly  or  detrimental  inmates  of 
the  Industrial  School,  whether  convicted  of  crime  or 
not,  to  the  county  from  which  they  came,  where  pro- 


LEGISLATION  CONCERNING  DELINQUENTS  229 

ceedings  were  to  be  resumed  as  though  commitmont 
had  never  been  made.""^  The  Twenty-ninth  General 
Assembly,  however,  gave  the  Board  of  Control 
power  *®^  in  exceptional  cases  to  "discharge  or  parole 
inmates  without  regard  to  the  length  of  their  ser- 
vice or  conduct,  when  satisfied  that  the  reasons 
therefor  are  urgent  and  sufficient."*"^ 

In  regard  to  escape  the  Code  of  1897  provided  that 
''Whosoever  unlawfully  aids  or  assists  any  inmate 
lawfully  committed  to  the  industrial  school  in  escap- 
ing or  attempting  to  escape  therefrom,  or  knowing- 
ly conceals  such  inmate  after  escape,  shall  be  pun- 
ished by  a  fine  not  exceeding  one  thousand  dollars,  or 
imprisonment  in  the  penitentiary  not  exceeding  five 
years."*"  While  this  section  has  never  been  re- 
pealed or  amended  it  w^ould  seem  that  it  has  been 
superseded  and  made  more  inclusive  by  the  law 
passed  in  1913  "'^  making  the  penalty  for  bringing 
drugs,  liquors,  weapons,  or  articles  designed  to  aid 
escapes  into  either  Industrial  School  of  the  State  a 
maximum  term  of  five  years  in  the  penitentiary.*"" 

The  Tw^enty-seventh  General  Assembly  reduced 
the  per  capita  allowance  for  support  to  nine  and  ten 
dollars  a  month,  respectively,  for  boys  and  girls.**'" 
The  Twenty-eighth  General  Assembly  changed  the 
method  of  drawing  the  support  fund  in  order  to  har- 
monize it  with  the  system  employed  under  the  Board 
of  Control,  and  raised  the  monthly  allowance  for 
girls  from  ten  to  twelve  dollars.*"^  The  Twenty- 
ninth  General  Assembly  increased  the  monthly  ap- 
portionment for  boys  to  ton  dollars ;  *®^  while  the 


230  SOCIAL  LEGISLATION  IN  IOWA 

Thirtieth  General  Assembly  made  the  support  fund 
for  girls  thirteen  dollars  apiece  for  each  month."'" 

But  the  height  of  the  monthly  proportion  of  sup- 
port for  each  child  was  reached  in  1906  when  the 
Thirty-first  General  Assembly  placed  it  at  thirteen 
dollars  for  boys  and  sixteen  dollars  for  girls.  The 
same  act  provided  that  when  the  average  number  of 
boys  should  fall  below  five  hundred  in  any  one  month 
that  department  should  be  accredited  with  $5500; 
and  when  the  average  number  of  girls  was  less  than 
two  hundred  during  any  month  that  department 
should  receive  $3000.  Also  the  sums  of  $1000  and 
$400  were  appropriated  to  be  used  for  dental  work  in 
the  boys'  and  girls'  departments  respectively.*" 

In  1911  the  law  was  changed  so  that  if  the  average 
number  of  boys  in  any  month  should  fall  below  four 
hundred  and  seventy  the  department  would  be  ac- 
credited with  $6100;  and  for  the  girls'  department 
if  the  number  of  inmates  should  fall  below  two  hun- 
dred and  twenty-five  $3600  was  to  be  appropriated.*^^ 
The  same  General  Assembly  made  it  possible  for 
girls  to  be  committed  to  institutions  whose  purpose 
it  was  to  detain  and  reform  wayward  and  fallen 
girls,  and  provision  was  made  that  such  institutions 
should  be  paid  the  regular  monthly  allowance  of 
sixteen  dollars  for  the  support  of  each  girl  by  the 
county  where  she  had  legal  settlement. *^^ 

Once  more  the  minimum  monthly  fund  was 
changed  so  that  if  the  average  number  of  boys  any 
month  should  be  less  than  four  hundred  and  eighty 
the  school  for  boys  is  accredited  with  $6240;  and  if 
the  average  of  girls  any  month  should  be  less  than 


LEGISLATION  CONCERNING  DELINQUENTS  231 

two  liiindrod   and   thirty-five   that  seliool   is  given 
$37G0  regardless  of  the  number  of  inmates/^* 

Before  1898  the  salaries  of  the  officers  in  the  In- 
dustrial School  were  determined  by  the  board  of 
trustees,  but  the  Twenty-seventh  General  Assembly 
by  statute  established  a  salary  of  $1800  a  year  for 
the  superintendent  at  Eldora  and  a  stipend  of  $1200 
a  year  for  the  superintendent  at  Mitchellville/"  The 
next  General  Assembly  appropriated  $350,  or  twelve 
dollars  and  fifty  cents  a  month  for  the  twenty-eight 
months  ending  June  30,  1902,  to  pay  for  the  services 
of  chaplains  in  the  department  of  the  Industrial 
School  for  girls. "'^  In  1906  the  salary  of  the  super- 
intendent of  the  department  for  girls  was  raised 
from  $1200  to  $1800/^^ 

VAGEANTS 

The  definition  of  vagrants  w^as  rewritten  in  1911 
describing  the  class  a  little  more  exactly.  The  first 
clause  was  made  to  read:  ''All  common  prostitutes 
and  keepers  of  bawdy  houses  or  houses  for  the  resort 
of  common  prostitutes".  Persons  wandering  about 
with  no  visible  means  of  maintenance  were  further 
defined  as  those  ''lodging  in  barns,  outbuildings, 
tents,  wagons  or  other  vehicles".  Instead  of  "pro- 
curing", the  law  now  reads  "inducing"  children  or 
others  to  beg.  Those  "representing  themselves"  as 
collectors  of  alms  for  charitable  institutions  under 
fraudulent  pretenses  are  vagrants.*"  "All  persons 
camping  on  any  public  highway  for  the  purpose  of 
trading  horses"  were  included  as  vagrants  by  a  law 
passed  in  1913."'^ 


XIII 
LEGISLATION  CONCERNING  PENSIONERS 

Turning  now  from  those  classes  of  persons  with 
whom  the  receipt  of  aid  or  care  from  the  public  bears 
a  sting  of  reproach  to  a  class  to  whom  such  aid  is 
given  rather  as  an  evidence  of  honor  and  respect  — 
namely,  those  persons  known  as  pensioners  —  it  is 
found  that,  aside  from  the  soldiers  and  sailors  who 
are  rewarded  by  the  Federal  government,  mention 
of  this  class  is  conspicuous  by  its  absence  in  the  Code 
of  1897.  The  only  State  legislation  in  force  at  that 
time  referred  to  the  pensions  granted  by  the  United 
States.  Such  pensions,  pensions  granted  by  any  of 
the  several  States,  ''or  salaries,  or  payments  expect- 
ed for  services  to  be  rendered",  were  not  subject  to 
taxation, ■'^^  Neither  was  any  money  received  as  a 
pension  from  the  United  States  government,  nor  any 
homestead  of  a  pensioner  purchased  with  such  pen- 
sion money,  subject  to  execution,  even  for  debts  con- 
tracted prior  to  the  purchase  of  the  homestead.*^"^ 
Since  the  adoption  of  the  Code  the  only  regulation  of 
Federal  pensions  has  been  in  connection  with  the  in- 
mates of  the  Soldiers'  Home, 

Since  the  idea  of  providing  pensions  from  public 
funds  for  certain  dependent  classes  has  found  firm 
lodgment  in  the  United  States  many  varieties  of  pen- 

232 


LEGISLATION  CONCERNING-  PENSIONERS   233 

sion  legislation  may  bo  expected.  At  present  the 
schemes  for  retirement  of  superannuated  public  em- 
ployees usually  partake  of  the  nature  of  insurance, 
each  employee  being  compelled  to  provide,  at  least 
in  part,  against  old  age  by  contributions  from  his 
salary.  Illinois  and  Massachusetts  have  systems 
for  pensioning  employees  of  the  Commonwealth  and 
California  and  Wisconsin  are  investigating  the  sub- 
ject. Some  States  grant  pensions  to  the  blind ;  and 
several,  like  Iowa,  authorize  cities  to  provide  for  the 
retirement  of  firemen  and  policemen  on  pensions. 
In  twenty-four  States  there  are  either  State-wide 
pension  sj^stems  for  teachers  (New  Jersey,  Mary- 
land, and  Rhode  Island  without  contributions),  or 
municipalities  or  districts  have  been  directed  to  pay 
retiring  allowances.  The  State  Teachers'  Associa- 
tion of  Iowa  will  present  a  bill  to  the  Thirty-sixth 
General  Assembly  providing  for  a  State-wide  system 
of  the  compulsory,  contribution  type.*^- 

Indeed,  it  Avas  not  until  1909  tliat  Iowa  —  among 
the  foremost  States  in  recognizing  the  justice  of 
rewarding  a  servant  for  service  the  doing  of  which 
had  rendered  him  incapable  of  self-support  later  in 
life  and  of  meeting  the  obligation  by  pecuniary 
recompense  ^-^ —  authorized  pensions  to  be  granted 
from  public  funds.  In  that  year  it  was  made  pos- 
sible to  retire  both  firemen  *^*  and  policemen  *^^  from 
service  on  pensions.  Both  these  acts  are  identical 
in  the  method  of  awarding  the  pensions,  the  amount 
of  the  tax  levy,  the  monthly  allowance,  and  in  all 
points  which  the  two  occupations  possess  in  common. 


234  SOCIAL  LEGISLATION  IN  IOWA 

Since  the  establislimont  of  firemen's  and  policemen's 
pensions,  however,  amendments  have  somewhat 
modified  their  similarity. 

FIEEMEN 

All  cities  and  towns,  including  those  governed  un- 
der special  charters,  if  they  have  an  organized  fire 
department  may,  and  if  it  is  a  paid  company,  must, 
levy  a  one-half  mill  tax  annually  on  all  taxable  prop- 
erty in  the  city  or  town  in  order  to  create  a  firemen 's 
pension  fund.  This  fund  may  be  augmented  by 
gifts,  grants,  donations,  devises,  and  bequests,  and 
by  fees  or  emoluments  except  personal  rewards, 
membership,  and  annual  dues  from  the  members  of 
the  department.  The  membership  fee  may  not  ex- 
ceed five  dollars  and  the  annual  dues  amount  to  one 
percent  of  the  annual  salary  of  the  member.  This 
fund  is  entirely  separate  from  the  other  city  finances 
and  can  be  used  for  no  purpose  other  than  that  for 
which  it  was  levied,  although  at  the  end  of  the  fiscal 
year  any  surplus  may  be  invested  in  government 
bonds.  All  payments  must  be  upon  warrants  and 
an  annual  report  is  made  to  the  city  clerk. 

The  firemen's  pension  is  administered  through  a 
board  of  trustees  composed  of  the  chief  of  the  de- 
partment, the  city  treasurer,  and  the  city  solicitor 
or  attorney,  who  serve  without  compensation. 

The  original  act  contemplated  two  classes  of  fire- 
men :  paid  members  of  a  department  and  voluntary 
or  call  members.  For  the  regular  paid  members  the 
amount  of  the  pension  was  fixed,  but  for  the  volun- 


LEGISLATION  CONCERNING  PENSIONERS   235 

tary  members  it  was  left  to  the  discretion  of  the 
board  of  trustees.  Pensioners  are  retired  both  on 
account  of  injuries  sustained  and  services  rendered. 
To  entitle  a  fireman  to  a  pension  it  was  necessary 
that  an  injury  received  while  in  the  performance  of 
his  duty  should  be  such  as  to  render  him  permanent- 
ly physically  or  mentally  unfit  for  further  duty  as  a 
fireman.  Then  if  he  were  a  paid  member  he  was  re- 
tired on  a  monthly  pension  equal  to  one-half  of  his 
monthly  salary  at  the  time  he  was  injured. 

Upon  application  a  member  who  had  served  in  a 
given  fire  department  for  twenty-two  years,  the  last 
five  of  which  had  been  continuous,  could  be  retired 
on  the  same  pension  by  the  board  of  trustees  if  it 
were  found  that  he  was  unable  to  perform  the  duties 
that  might  be  assigned  to  him  or  if  he  had  reached 
the  age  of  fifty-five.  This  provision  did  not  apply  to 
volunteer  members,  although  as  the  section  was  re- 
written in  1913  it  would  seem  that  voluntary  mem- 
bers are  included  under  all  provisions  of  the  law  and 
can  be  retired  on  a  pension  fixed  by  the  board  of 
trustees. 

The  age  limit  of  retirement  for  service  was  re- 
duced in  1911  to  fifty  years, **^  and  in  1913  the  five 
continuous  years  of  service  qualification  was  re- 
moved, but  the  proviso  was  added  that  any  fireman 
retired  on  account  of  having  served  twenty-two 
years  in  a  department  should  not  receive  a  pension 
until  he  was  fifty  years  of  age.  Five  years  of  ser- 
vice in  the  department  is  now  required  before  a  pen- 
sion will  be  granted  for  disability  contracted  while 


236  SOCIAL  LEGISLATION  IN  IOWA 

the  person  is  not  engaged  in  the  performance  of  duty 
or  as  a  result  of  following  the  occupation  of  a  fire- 
man/" 

Light  duties  may  be  assigned  to  retired  members 
by  the  chief  of  the  department,  and  members  retired 
on  account  of  injury  are  subject  to  reexamination  at 
any  time,  but  remain  on  the  pension  roll  until  re-in- 
stated in  the  department. 

Should  a  retired  or  active  fireman  die,  his  surviv- 
ing widow,  so  long  as  she  remains  unmarried  and  of 
good  moral  character,  is  entitled  to  twenty  dollars  a 
month,  and  if  there  are  children  less  than  sixteen 
years  of  age  an  allowance  of  six  dollars  a  month  for 
each  of  them  is  paid  until  the  total  amount  for  the 
family  reaches  one-half  of  the  fireman's  monthly  sal- 
ary when  he  retired  or  died.  If  there  is  no  widow 
or  minor  children,  twenty  dollars  a  month  may  be 
paid  to  a  dependent  father  and  mother  or  to  either 
of  them.*^*  Under  the  original  act  if  a  fireman  in 
active  service  died  from  causes  other  than  injury  in 
the  performance  of  his  duty  or  disease  contracted  as 
a  result  of  his  occupation  no  pension  could  be  grant- 
ed to  his  dependents.**^ 

Another  clause  of  the  original  act  which  was  omit- 
ted in  1913  was  one  providing  that  if  the  funds  be- 
came insufficient  at  any  time,  only  proportional  pen- 
sions should  be  granted,  with  no  liability  for  unpaid 
portions.  These  pensions  are  exempt  from  liability 
for  debts  and  are  not  subject  to  seizure.  Neither 
can  the  right  to  a  pension  be  forfeited  except  by  con- 
viction of  a  felony.  The  plan  went  into  operation  on 
Januarv  1,  1910. 


LEGISLATION  CONCERNING  PENSIONERS   237 
POLICEMEN 

The  policemen's  pension  fund  is  also  provided  by 
an  annual  levy  of  a  one-half  mill  tax  in  all  cities  and 
towns  having  an  organized  police  department,  in- 
cluding special  charter  cities.  As  is  the  case  with 
the  firemen's  pension  fund,  membership  fees  of  not 
over  five  dollars  and  annual  dues  of  one  percent  of 
the  annual  salary  of  the  member  are  required.  Gifts 
and  bequests  are  also  acceptable.  All  disburse- 
ments are  upon  warrants,  an  annual  report  is  made 
to  the  city  clerk,  and  any  surplus  at  the  end  of  the 
fiscal  year  may  be  invested  in  government  bonds,  al- 
though the  fund  can  be  used  for  no  purpose  other 
than  for  policemen's  pensions.  The  granting  of 
pensions  to  policemen  under  the  act  of  1909  was 
merely  permissive  but  the  next  General  Assembly 
made  it  compulsory.*^" 

Policemen's  pensions  are  administered  by  a  board 
of  trustees  composed  of  the  chief  of  the  police  de- 
partment, the  city  treasurer,  and  the  city  solicitor  or 
attorney,  serving  without  compensation. 

A  policeman  becomes  entitled  to  retirement  on  a 
pension  of  one-half  of  his  monthly  salary  at  the  time 
he  retires  from  the  service  if  he  is  permanently  men- 
tally or  physically  disabled  while  engaged  in  the  per- 
formance of  his  duty  or  if  he  has  served  for  twenty- 
two  years,  the  last  five  of  which  have  been  continu- 
ous, in  a  certain  police  department,  becoming  unfit 
for  further  service  or  having  reached  the  age  of 
fifty-five  years  during  that  time.  A  policeman  re- 
tired on  account  of  an  injury  may  be  reexamined  at 
any  time,  and  if  found  to  be  recovered,  after  a  hear- 


238  SOCIAL  LEGISLATION  IN  IOWA 

ing,  the  pension  may  be  discontinued  upon  his  re-in- 
statement  in  the  department.  Light  duties  may  be 
required  of  retired  members  in  emergencies. 

Should  a  policeman  die  from  injuries  received  be- 
cause of  his  occupation  or  should  a  retired  policeman 
succumb,  his  widow  gains  a  right  to  twenty  dollars 
a  month  from  the  pension  fund,  so  long  as  she  re- 
mains unmarried  and  of  good  moral  character,  and 
for  each  child  under  sixteen  years  of  age  the  sum  of 
six  dollars  a  month  may  be  claimed  until  the  total 
sum  for  the  family  reaches  the  amount  of  one-half 
of  the  monthly  salary  of  the  husband  or  father  at  the 
time  he  left  the  service.  In  case  there  is  no  widow 
or  children  twenty  dollars  a  month  may  be  granted 
to  the  dependent  parents  or  to  either  of  them. 

If  at  any  time  the  pension  funds  become  insuffi- 
cient, proportional  payments  are  made  and  no  lia- 
bility exists  in  such  a  case  for  unpaid  portions.  The 
pensions  are  not  subject  to  seizure,  neither  may  they 
be  taken  for  payment  of  debts.  Conviction  of  a 
felony  is  the  only  act  which  will  forfeit  the  right  to  a 
pension.  Payment  of  policemen's  pensions  also  be- 
gan on  January  1, 1910. 

MOTHERS 

That  new  form  of  public  charity,  commonly  desig- 
nated as  mothers'  pensions,  which  has  found  expres- 
sion in  a  veritable  prairie  fire  of  legislation,  came  to 
Iowa  in  1913.*^^ 

The  so-called  mothers'  pension  in  Iowa  is,  in  ef- 
fect, a  new  form  of  poor  relief,  although  in  theory 


LEGISLATION  CONCERNING  PENSIONERS   239 

it  is  founded  on  the  principle  of  reward  for  ser- 
vice —  service  to  be  rendered.  In  reality  the  benefit 
of  the  pension  devolves  upon  dependent  or  neglected 
children.  The  law  is  but  an  amendment  to  the 
powers  of  the  juvenile  court. 

Presuming  that  the  home  furnishes  the  best  en- 
vironment for  rearing  children,  if  the  juvenile  court 
finds  that  the  mother  of  a  dependent  or  neglected 
child  is  a  widow  and  so  poor  as  to  be  unable  to  care 
properly  for  the  child  but  is  otherwise  a  proper 
guardian,  it  may  fix  an  amount  not  exceeding  two 
dollars  a  week  for  each  child  to  be  paid  to  the  mother 
by  the  county  board  of  supervisors  until  the  child 
reaches  the  age  of  fourteen  years.  For  the  purpose 
of  the  act,  any  mother  whose  husband  is  an  inmate 
of  any  institution  under  the  Board  of  Control  is 
considered  a  widow  while  he  is  there. *°" 

MEMBERS  OF  THE  SPIRIT  LAKE  RELIEF  EXPEDITION 

The  only  other  instance  of  a  pension  from  public 
funds  in  Iowa  is  that  provided  for  the  members  of 
the  Spirit  Lake  Relief  Expedition.  Since  April  9, 
1913,  ''the  survivors  of  the  Spirit  Lake  Relief  Ex- 
pedition of  1857,  as  shown  by  the  roster  of  Iowa  sol- 
diers, vol.  6,  pages  922-937  inclusive,"  have  received 
a  monthly  pension  of  twenty  dollars  from  the  funds 
in  the  State  Treasury.  This  pension  is  to  continue 
during  the  lifetime  of  each  such  survivor."^ 


XIV 
LEGISLATION  AFFECTING  LABORERS 

BUEEAU  OF  LABOE  STATISTICS 

Social  progress  has  ever  been  intimately  associ- 
ated with  problems  arising  from  the  industry  of  the 
people,  and  legislation  affecting  laborers  has  by  no 
means  fallen  into  the  background  during  recent 
years.  In  Iowa  the  Bureau  of  Labor  Statistics, 
which  had  been  established  prior  to  1897,  has  been 
converted  into  an  effective  piece  of  administrative 
machinery  by  the  extension  of  its  jurisdiction  be- 
yond the  mere  compilation  of  statistics. 

The  Thirtieth  General  Assembly  raised  the  salary 
of  the  Deputy  Commissioner  to  $1200,*''*  and  since 
1907  it  has  been  $1500.*'^  In  1904  the  Commissioner 
was  permitted  to  employ  a  regular  office  clerk  at  a 
salary  of  sixty-five  dollars  a  month.*®''  The  Thirty- 
second  General  Assembly  decided  that  the  salary  of 
the  office  clerk  should  be  fixed  by  the  Committee  on 
Retrenchment  and  Reform,*"  but  in  1913  a  nominal 
salary  of  $1000  a  year  Avas  again  established.*''^ 

In  1904  the  Commissioner  of  Labor  Statistics  was 
allowed  the  services  of  a  factory  inspector  whose 
compensation  was  to  be  $100  a  month.*®''  The  Thir- 
ty-third General  Assembly  granted  one  additional 
factory  inspector,  if  such  should  be  deemed  neces- 

240 


LEGISLATION  AFFECTING  LABORERS      241 

sary  Ijy  the  Exociitivo  Council,  and  tlie  salary  was 
again  set  at  $100  a  month. ^""  In  rewriting  this  sec- 
tion in  1913,  the  Thirty-fifth  General  Assembly  pro- 
vided for  three  factory  inspectors,  one  of  whom  was 
to  be  a  woman.  The  appointment  of  a  w^oman  as  a 
factorj^  inspector  was  provided  for  primarily  in  or- 
der ''to  promote  the  healtli  and  general  welfare  of 
the  women  and  children  employees  of  this  state,"  ^''' 
The  salary  of  factory  inspectors  remained  at  $100  a 
month. 

Office  and  traveling  expenses  have  always  been 
paid  by  the  State,  but  in  1904,  on  account  of  the  new 
activity  in  factory  inspection,  the  limit  was  raised 
from  $500  to  $1500.^"-  Another  factory  inspector 
was  provided  in  1909  and  the  maximum  amount  al- 
lowed for  office  and  traveling  expenses  w^as  increased 
to  $2000.'^'^^  Finally,  when  the  Thirty-fifth  General 
Assembly  added  the  third  inspector,  $4000  became 
the  utmost  that  could  be  used  for  this  purpose.^"* 

In  1902  the  field  over  which  the  Commissioner  was 
to  report  was  extended  to  include  ''the  means  of 
escape  from,  and  the  protection  of  life  and  health  in 
factories,  the  employment  of  children,  the  number  of 
hours  of  labor  exacted  from  them  and  from  wo- 
men "."^"^  He  was  instructed  by  joint  resolution  in 
1904  to  aid  in  the  collection  of  statistics  of  manufac- 
tures for  both  the  National  and  State  censuses.^"® 

The  appointment  of  a  woman  factory  inspector  in 
1913  made  it  possible  to  include  in  the  labor  statistics 
reports  the  "sanitary  and  general  conditions  under 
which  the  women  and  children  are  at  work  in  all  fac- 


242  SOCIAL  LEGISLATION  IN  IOWA 

tories,  workshops,  hotels,  restaurants,  stores,  and 
any  other  places  where  women  and  children  are  em- 
ployed". Another  provision  in  the  same  law  re- 
quired a  record  to  be  kept  and  a  report  to  be  made 
to  the  Commissioner  of  Labor  within  forty-eight 
hours  after  the  occurrence  of  every  accident  causing 
death  or  disability  for  more  than  four  days  in  in- 
dustries other  than  mines  under  the  supervision  of 
the  State  Mine  Inspectors.^" 

The  Thirty-fifth  General  Assembly  abolished  the 
prescribed  form  upon  which  reports  were  to  be  made 
by  employers  to  the  Commissioner  of  the  Bureau  of 
Labor  Statistics.  Furthermore,  instead  of  sixty 
days  being  allowed  in  which  to  furnish  information, 
reports  had  to  be  made  "within  thirty  days  after  the 
receipt  of  notice  given  by  said  commissioner".^"^ 

The  Commissioner  can  compel  witnesses  to  appear 
and  testify  in  their  own  county,  the  expenses  of 
whom,  prior  to  1902,  were  paid  from  the  contingent 
fund  of  the  Bureau.  Since  that  time  such  expenses 
have  been  paid  out  of  the  State  Treasury.^"^  In 
1902  the  Commissioner  was  authorized  to  enforce  the 
laws  in  regard  to  the  employment  of  children,  the 
maintenance  of  fire  escapes,  safety  precautions,  and 
the  preservation  of  health.  Sixty  days  notice  was 
to  be  given  in  case  of  violation  and  at  the  end  of  that 
time,  if  the  fault  was  not  repaired,  the  county  at- 
torney was  to  be  instructed  to  institute  legal  pro- 
ceedings.^^" But  not  until  1913  were  the  fetters  re- 
moved from  the  hands  of  the  Commissioner  to  any 
appreciable  extent.     He  may  now  inspect  a  place  of 


LEGISLATION  AFFECTING  LABORERS      243 

employment  at  liis  own  discretion  without  a  com- 
plaint being  entered  or  a  request  being  made.'^'^ 

But  tlie  tendency  in  recent  years  has  been  to  en- 
large the  scope  of  the  Bureau,  extending  its  jurisdic- 
tion beyond  the  mere  compilation  of  statistics.  Fac- 
tory inspection  began  with  the  enforcement  of  the 
act  of  1902  relating  to  the  safety  and  comfort  of  fac- 
tory employees. °^-  Next  the  Bureau  was  charged 
with  the  enforcement  of  the  fire  escape  law  of 
;i^904,5i3  rpi^g  success  of  the  Child  Labor  Act  of  1906 
depends  largely  upon  the  vigilance  of  the  Commis- 
sioner."* And  finally,  private  employment  agencies 
were  placed  under  the  supervision  of  the  Bureau  in 
1907."' 

EMPLOYMENT  BUREAUS 

An  institution  which  is  assuming  an  important 
role  in  relation  to  unemployment  is  the  employment 
agency.  It  was  in  1907  that  the  first  and  only  Iowa 
legislation  was  enacted  concerning  this  business. 
Cities  and  towns  were  given  power  to  *' license  and 
regulate  all  keepers  of  intelligence  or  emplojonent 
offices,  bureaus  and  agencies,  as  well  as  all  persons 
doing  the  business  of  seeking  employment  for  others, 
or  procuring  or  furnishing  employers  for  others,  or 
giving  information  whereby  employes  or  employers 
may  be  obtained."  ""^  Fifteen  days  later  "'  another 
act  was  approved  which  prescribed  a  method  for 
regulating  employment  agencies  that  greatly  en- 
hanced the  probability  of  enforcement.^^^ 

A  bureau  failing  to  procure  employment  accord- 
ing to  its  agreement  must  return  all  ''money,  per- 


244  SOCIAL  LEGISLATION  IN  IOWA 

sonal  property  or  other  valuable  thing",  except  an 
amount  not  to  exceed  one  dollar  which  may  be  re- 
tained as  a  filing  fee.  A  written  copy  of  the  appli- 
cation or  agreement  must  be  furnished  to  the  appli- 
cant for  employment  at  the  time  of  making  applica- 
tion and  it  must  contain  the  terms  for  procuring 
such  employment.  The  division  of  fees  between  an 
employment  bureau  and  an  employer  to  whom  an 
employee  has  been  furnished  is  expressly  prohibited. 
The  Commissioner  of  the  Bureau  of  Labor  Statis- 
tics, or  his  deputy,  may,  and  upon  complaint  being 
filed,  must,  investigate  the  books  and  records  of  any 
employment  agency.  For  violation  of  any  of  these 
provisions  an  agency  may  be  fined  as  much  as  one 
hundred  dollars  or  the  person  convicted  may  be  put 
in  the  county  jail  for  not  longer  than  thirty  days. 

WAGES 

The  special  provision  in  the  Code  of  1897  requir- 
ing that  the  wages  of  miners  should  be  ''paid  in 
money  upon  demand  semimonthly 'V^®  was  amended 
in  1900  by  adding  that  all  wages  of  miners  should  be 
paid  semi-monthly  by  "paying  for  those  earned  dur- 
ing the  first  fifteen  days  of  each  month  not  later  than 
the  first  Saturday  after  the  twentieth  of  said  month, 
and  for  those  earned  after  the  fifteenth  of  each 
month  not  later  than  the  first  Saturday  after  the 
fifth  of  the  succeeding  month."  "°  The  wages  of 
non-residents  have  since  1904  been  exempt  from  gar- 
nishment.^^^ 

The  final  piece  of  wage  legislation  in  Iowa  is  that 


LEGISLATION  AFFECTING  LABORERS      245 

of  the  Thirty-fifth  General  Assembly  establishing  a 
minimum  wage  for  public  school  teachers.'"  A  uni- 
form wage  scale  is  fixed,  based  upon  the  grade  of  the 
certificate.  For  teachers  having  first  grade  certifi- 
cates the  minimum  daily  wage  is  the  amount  ob- 
tained by  multiplying  the  average  grade  by  three 
cents.  The  daily  wage  of  teachers  holding  second 
grade  certificates  may  not  be  less  than  the  product 
of  multiplying  the  average  grade  up  to  eighty-five 
percent  by  two  and  three-fourths  cents,  and  in  the 
case  of  third  grade  certificates  the  wage  is  deter- 
mined by  multiplying  the  general  average  by  two 
and  one-half  cents.  For  a  year's  experience  and  at- 
tendance at  an  approved  teachers  training  school 
for  six  weeks,  three  points  of  credit  are  added  to  the 
general  average  in  estimating  the  salary  due.  No 
maximum  wage  is  set.  Any  school  officer  violating 
these  provisions  is  subject  to  be  fined  from  twenty- 
five  to  one  hundred  dollars. 

LABOR  DISPUTES 

Laws  have  been  enacted  in  more  than  one-half  of 
the  States  encouraging  the  peaceful  settlement  of 
labor  disputes  by  providing  for  the  formation  of 
boards  "to  inquire  into  such  disputes,  to  endeavor 
to  bring  the  parties  by  conciliation  to  a  peaceful  set- 
tlement, and  to  render  authoritative  decisions  on 
matters  which  the  parties  might  agree  to  submit  to 
such  arbitration."  New  York  and  Massachusetts 
were  the  first  to  establish  permanent  boards  of  ar- 
bitration,  although   other   States  —  notably   Mary- 


246  SOCIAL  LEGISLATION  IN  IOWA 

land  in  1878  and  New  Jersey  in  1880  —  liad  previous- 
ly made  more  or  less  unsuccessful  experiments  with 
other  methods."^ 

No  approximately  adequate  method  of  settling 
labor  disputes  by  arbitration  was  provided  in  Iowa 
until  1913."*  It  remained  for  the  Thirty-fifth  Gen- 
eral Assembly  to  authorize  the  appointment  of 
boards  of  arbitration  and  define  their  powers  and 
duties."^  Whenever  a  dispute  arises  between  em- 
ployer and  employees,  unless  it  is  in  connection  with 
interstate  trade  coming  under  other  boards  of  con- 
ciliation, which  has  caused  or  is  likely  to  cause  a 
strike  or  lockout  involving  ten  or  more  wage-earn- 
ersy  either  or  both  parties  to  the  dispute,"®  the 
mayor  of  the  city,  the  chairman  of  the  board  of 
supervisors  of  the  county,  twenty-five  citizens  of  the 
county  over  twenty-one  years  of  age,  or  the  Com- 
missioner of  the  Bureau  of  Labor  Statistics,  after 
investigation,  may  make  written  application  to  the 
Governor  for  the  appointment  of  a  board  of  arbitra- 
tion. If  the  application  is  made  by  both  parties  to 
the  dispute  it  must  state  whether  or  not  they  agree 
to  be  bound  by  the  decision  of  the  board,  and  if  so 
the  decision  will  be  binding  for  one  year  from  the 
date  of  the  appointment  of  the  board. 

Upon  receiving  the  application  the  Governor  re- 
quests each  party  to  submit  the  names  of  five  fit  and 
ready  arbitrators  within  three  days.  Out  of  the 
persons  thus  nominated  he  will  choose  one  from  each 
group.  If  either  of  the  disputing  parties  fails  to 
nominate   arbitrators  the   Governor  must   appoint 


LEGISLATION  AFFECTING  LABORERS      247 

a  fit  person.  Willi  in  five  days  these  members 
recommend  a  third  person  who,  if  for  any  reason  he 
will  not  act,  may  be  replaced  by  the  Governor.  The 
next  step  is  the  organization  of  the  board  by  the 
choice  of  a  chairman  and  secretary. 

In  the  matter  of  calling  witnesses,  administering 
oaths,  and  enforcing  order  the  board  is  vested  with 
the  same  power  as  the  district  court.  Fees  for  wit- 
nesses and  officers  are  the  same  as  are  allowed  in  the 
district  court  and  are  paid  by  the  State.  However, 
the  board  may  "accept,  admit  and  call  for  such  evi- 
dence as  in  equity  and  good  conscience  it  thinks  fit, 
whether  strictly  legal  evidence  or  not."  Ten  days 
are  given,  unless  the  time  is  extended  by  the  Gov- 
ernor, in  which  to  investigate  the  situation  by  mak- 
ing a  visit  to  the  place  of  controversy  and  hearing 
all  persons  interested.  During  this  period  neither 
party  may  engage  in  any  strike  or  lockout.  A  writ- 
ten decision  of  the  case  is  rendered,  at  once  made 
public,  and  put  on  display  in  the  office  of  the  city 
clerk.  Within  five  days  after  the  completion  of  the 
investigation,  unless  more  time  is  granted  by  the 
Governor,  a  written  decision  and  report  of  the  find- 
ings must  be  made  to  the  Governor,  a  copy  must  be 
filed  with  each  party  to  the  dispute,  another  returned 
to  the  Labor  Commissioner  for  publication  in  his  re- 
port, and  a  fourth  printed  in  two  newspapers  in  the 
county. 

Each  member  of  the  board  is  allowed  compensa- 
tion at  the  rate  of  five  dollars  a  day  and  necessary 
expenses  for  the  time  actually  employed.     All  ex- 


248  SOCIAL  LEGISLATION  IN  IOWA 

penses  incurred  under  the  act  are  paid  out  of  the 
State  Treasury. 

PREVENTION  AND  REPORTING  OF  WORK  ACCIDENTS 

In  proportion  to  the  extent  of  manufacturing  in 
Iowa,  precautionary  legislation  for  the  safety  of 
factory  laborers  has  been  conspicuously  meager.  It 
was  in  1900  that  the  Commissioner  of  the  Bureau  of 
Labor  Statistics  undertook  the  work  of  factory  in- 
spection ^"  and  until  1904  he  was  alone  with  his  dep- 
uty in  the  work.  In  that  year  a  regular  factory  in- 
spector was  provided,^"^  still  another  in  1909,^-''  and 
in  1913  the  number  was  increased  to  three,  one  of 
whom  is  a  woman. ^^°  The  Twenty-ninth  General 
Assembly,  as  has  already  been  noted,  charged  the 
Commissioner  of  Labor  Statistics  with  the  enforce- 
ment of  the  laws  in  respect  to  the  employment  of 
children,  fire  escapes,  the  safety  of  employees,  and 
the  preservation  of  health. ^^^  Only  since  1913  has  it 
been  obligatory  to  report  accidents  in  factories,  and 
the  law  was  given  force  by  affixing  a  penalty  of  from 
five  to  one  hundred  dollars  fine  and  costs  for  failure 
to  comply."^ 

An  act  in  1902  ^^^  made  it  the  duty  of  the  owner  or 
person  in  charge  of  an  establishment  where  machin- 
ery is  used  to  furnish  ''belt  shifters  or  other  safe 
mechanical  contrivances  for  the  purpose  of  throwing 
belts  on  and  off  pulleys,  and,  wherever  possible,  ma- 
chinery therein  shall  be  provided  with  loose  pulleys ; 
all  saws,  planers,  cogs,  gearing,  belting,  shafting, 
set-screws  and  machinery  of  every  description  there- 


LEGISLATION  AFFECTING  LABORERS      249 

in  shall  be  properly  guarded."  All  persons  under 
sixteen  years  of  age,  and  females  under  eighteen, 
were  forbidden  to  clean  machinery  while  it  is  in  mo- 
tion; and  children  under  sixteen  are  not  permitted 
to  operate  dangerous  machinery.  This  act  provided 
that  the  State  Commissioner  of  Labor,  the  mayor, 
and  the  chief  of  police  of  every  city  or  town  should 
enforce  its  terms,  and  anyone  failing  to  comply  with 
those  terms  within  ninety  days  after  being  told  to  do 
so  was  to  be  fined  as  high  as  one  liundred  dollars  or 
imprisoned  in  the  county  jail  for  not  exceeding  thir- 
ty days. 

But  in  1911  the  law  was  changed,  allowing  only 
thirty  days  instead  of  ninety  for  the  installa- 
tion of  safeguards,  and  further  providing  that  the 
use  of  safety  appliances  should  not  be  perverted  so 
as  to  destroy  their  purpose,  nor  should  they  be  re- 
moved except  in  special  instances  and  then  should 
be  replaced  immediately  after  the  work  is  done.  A 
minimum  fine  was  fixed  at  five  dollar s.^^* 

In  1902  the  legislature  seriously  approached  the 
question  of  fire  escapes  in  factories.  The  act  which 
was  passed  stipulated  that  the  owner,  proprietor,  or 
lessee  of  a  manufactory  or  warehouse,  or  of  build- 
ings of  any  character  which  were  three  or  more 
stories  in  height,  should  provide  at  least  one  steel  or 
wrought-iron  ladder  attached  to  the  outer  wall  of  the 
building  and  equipped  with  platforms  of  the  same 
material  at  each  story  for  every  5000  superficial  feet 
of  area  or  fractional  part  thereof  covered  by  tlie 
building,  if  not  more  tlian  twenty  persons  are  em- 


250  SOCIAL  LEGISLATION  IN  IOWA 

ployed  therein.  If  more  than  twenty  are  employed, 
there  must  be  two  fire  escape  ladders,  or  one  fire 
escape  stairway;  while  if  there  are  over  forty  em- 
ployees, two  such  stairways  are  required,  or  as  many 
as  the  chief  of  the  fire  department  or  the  mayor  of 
the  city  shall  determine.  Failure  to  meet  the  re- 
quirements of  the  law  within  sixty  days  after  notice, 
is  punishable  by  a  fine  of  not  less  than  fifty  or  more 
than  one  hundred  dollars,  and  there  is  a  forfeiture  of 
twenty-five  dollars  for  each  additional  week  of  de- 
lay.^^^ 

The  enforcement  of  this  act  was  left  to  local  au- 
thorities,^^^  and  evidently  on  that  account  it  availed 
little,  for  the  next  General  Assembly  (1904)  gave  the 
Commissioner  of  Labor  equal  authority  with  the  fire 
chief,  the  mayor,  or  the  chairman  of  the  county 
board  of  supervisors. ^^^  A  new  feature  added  by  the 
same  enactment  requires  that  signs  indicating  the 
location  of  fire  escapes  "be  posted  at  all  entrances  to 
elevators,  stairway  landings  and  in  all  rooms." 

When  the  office  of  State  Fire  Marshal  was  created 
in  1911,  it  became  the  duty  of  that  official  to  investi- 
gate all  fires  and  examine  or  cause  to  be  examined, 
with  the  power  of  condemnation,  all  buildings  of 
which  complaint  is  made.^^^ 

The  legislation  guaranteeing  safety  to  laborers  in 
mines  is  confined  to  relatively  few  acts,  of  which  the 
one  in  1911  is  of  prime  importance.  There  have 
been  some  changes  in  the  complexion  of  the  Board 
of  Examiners  of  Mine  Inspectors.     The  year  1900 


LEGISLATION  AFFECTING  LABORERS      251 

saw  the  jurisdiction  of  this  board  extended  to  the  ex- 
amination of  mine  foremen,  pit  bosses,  and  hoisting 
engineers  working  in  coal  mines  whose  daily  output 
was  over  twenty-five  tons.  This  new  duty  was  im- 
posed on  account  of  the  fact  that  such  employees 
were  required  to  possess  certificates  of  competency. 
The  nominal  salary  of  the  members  of  the  board  re- 
mained the  same  —  that  is,  five  dollars  a  day  and 
necessary  expenses  while  in  actual  employment  — 
but  a  proviso  was  appended  limiting  the  time  of  em- 
ployment to  seventy  days  a  year."''  The  Twenty- 
ninth  General  Assembly  passed  an  act  requiring 
that  members  of  the  board,  except  the  mining  en- 
gineer, should  hold  certificates  of  competency  as 
mine  foremen,  and  that  at  least  one  should  be  a  cer- 
tified hoisting  engineer.  All  must  have  had  five 
years  experienced^"  The  requirement  that  one  mem- 
ber should  ''hold  a  certificate  of  competency  as  hoist- 
ing engineer"  was  removed  by  tlie  following  General 
Assembly,  however."^  The  board  was  given  power 
in  1911  to  revoke,  after  a  hearing,  the  certificates  of 
competency  of  mine  foremen,  pit  bosses,  and  engi- 
neers if  they  should  wilfully  disobey  the  Mine  In- 
spector or  be  convicted  of  a  misdemeanor  under  the 
mining  act."^ 

The  salary  of  Mine  Inspectors  was  increased  in 
1900  from  $1200  to  $1500,  and  $750  a  year  was  al- 
lowed each  one  for  traveling  expenses. °"  In  1907 
the  salary  was  raised  to  $1800  a  year,'**  and  fifteen 
dollars  a  month  was  allowed  each  inspector  for  of- 
fice expenses  by  an  act  of  the  Thirty-fourth  General 


252  SOCIAL  LEGISLATION  IN  IOWA 

Assembly.®*^  Mine  Inspectors  were  appointed  for  a 
term  of  three  years  in  1911,^*^  but  the  Tliirty-fifth 
General  Assembly  made  the  period  of  incumbency 
six  years. ^*^  The  Governor's  power  to  remove  State 
officers  extends  to  State  Mine  Inspectors,  although 
the  regular  process  would  be  through  the  recom- 
mendation of  the  Board  of  Examiners.^** 

A  law  passed  in  1902  made  inspection  at  least  once 
in  six  months  mandatory  in  mines  having  a  daily 
output  of  fifty  tons  or  more  of  coal.'^*^  Since  then 
the  duties  of  Mine  Inspectors  have  been  extended  to 
include  the  determination  of  competency  of  shot  ex- 
aminers,^^*' the  enforcement  of  the  child  labor  law  in 
mines,^^^  and  the  inspection  of  gypsum  mines  every 
six  months. ^^" 

Since  1911  any  coal  mine  accident  must  be  report- 
ed to  the  Mine  Inspector  immediately.'^^^  But  when 
the  gypsum  mining  act  was  passed  by  the  next  Gen- 
eral Assembly  only  the  fatal  accidents  in  such  mines 
were  required  to  be  reported  to  the  Mine  Inspector 
and  the  coroner.^"*  A  more  extended  system  of  re- 
ports is  demanded  of  those  employers  who  choose 
to  come  under  the  Workmen's  Compensation  Law  of 
1913.  Any  accident  must  be  reported  to  the  Indus- 
trial Commissioner  within  forty-eight  hours  after 
the  employer  has  knowledge  of  its  occurance,  and  a 
supplementary  report  must  be  made  at  the  termina- 
tion of  each  sixty-day  period  of  disability. ^^^ 

Much  more  elaborate  provisions  were  made  in  re- 
gard to  maps  of  mines  by  the  law  of  1911.^^"  The 
various  details  to  be  contained  in  the  maps  and  the 


LEGISLATION  AFFECTING  LABORERS      253 

manner  of  drawing  them  so  as  to  show  all  of  the 
data  in  its  proper  relationsliips  were  specifically  s^'t 
fortli.  July  first  of  each  year  is  the  date  fixed  for 
all  maps  to  be  brought  up  to  date,  and  thirty  days  are 
allowed  for  such  maps  to  be  filed  in  the  office  of  the 
inspector.  The  inspector  is  empowered  to  order  a 
survey  of  a  mine  whenever  the  safety  of  the  work- 
men, the  support  of  the  surface,  the  conservation  of 
the  property,  or  the  safety  of  an  adjoining  mine  seem 
to  require  it.  Whenever  a  person  in  charge  of  a 
mine  neglects  or  refuses  for  three  months  to  furnish 
maps  to  the  Mine  Inspector  he  is  guilty  of  a  mis- 
demeanor and  upon  con\detion  must  be  fined  one  hun- 
dred dollars  and  committed  to  jail  until  the  fine  is 
paid;  while  the  inspector  may  order  maps  made  at 
the  owner's  expense.  In  1913  these  provisions  were 
adopted  for  the  regulation  of  gypsum  mines  so  far  as 
applicable.^" 

In  rewriting  the  mining  law  in  1911  the  sections 
treating  of  escapes  were  elaborated  and  some  ma- 
terial changes  were  raade.^^^  The  tw^o  openings  in 
shaft  mines  must  now  be  separated  by  natural  strata 
three  hundred  feet  in  width  and  those  of  slope  or 
drift  mines  by  two  hundred  feet.  The  stairways  in 
escape  shafts  must  now  be  at  least  two  and  one-half 
feet  wide  and  fitted  with  hand  rails.  Since  July  4, 
1911,  it  has  been  unlawful  to  build  a  ventilating  fur- 
nace shaft  in  connection  with  an  escape  shaft  and 
those  so  constructed  before  that  time  must  be  closely 
partitioned.  All  escape  shafts  not  provided  with 
stairs  must  have  hoisting  appliances,  separate  from 


254  SOCIAL  LEGISLATION  IN  IOWA 

the  regular  hoisting  shaft  and  equipped  with  a  depth 
indicator,  brake  on  the  drum,  steel  or  iron  cage,  and 
safety  catches  and  covers  on  cages.  Escape  ways 
must  be  ventilated,  kept  free  from  ice,  obstructions, 
steam  and  heated  air  during  the  day  time,  and  falling 
water  as  far  as  possible. 

If  two  or  more  mines  are  connected  underground, 
upon  joint  agreement  of  the  several  owners,  the 
hoisting  shaft,  slope,  or  drift  of  any  one  may  still 
be  used  as  an  escape  for  the  other,  but  the  traveling 
ways  to  the  boundary  on  both  sides  must  be  kept  free 
and  open  and  the  doors  unlocked,  and  when  once 
established  such  a  system  can  not  be  discontinued 
without  the  consent  of  the  contiguous  owners  and  the 
State  Mine  Inspector.  Under  no  circumstances  may 
an  escape  or  ventilation  shaft  be  constructed  without 
the  written  approval  of  the  Mine  Inspector,  and  that 
officer  may  order  the  building  of  extra  shafts  of  a 
like  nature  to  be  used  only  in  cases  of  emergency. 
From  such  an  order,  however,  the  mine-owner  may 
appeal  to  the  district  court  on  an  equitable  action. 

To  and  from  escape  ways  there  must  be  traveling 
ways,  free  from  falls  of  roof,  standing  water,  and 
obstructions,  five  feet  high  and  seven  feet  wide,  al- 
though in  certain  instances,  with  the  concurrence  of 
the  inspector,  they  may  be  reduced  to  three  feet  in 
height  and  six  feet  in  width.  At  all  intersections 
conspicuous  signs  must  be  posted  directing  the  way 
to  the  escape.  Weekly  inspection  must  be  made  of 
traveling  ways  by  the  mine  foreman  or  his  assistant. 
Should  a  difference  of  opinion  arise  between  the 


LEGISLATION  AFFECTING  LABORERS      255 

Mine  Inspector  and  the  employer  or  five  employees 
of  a  mine  the  case  is  taken  to  the  district  court. 

It  is  unlawful  to  have  inflammable  buildinf^s  or 
other  material  between  the  main  hoisting  shafts, 
slopes,  or  drifts  and  the  escape  exit.  Neither  is  it 
permissible  to  store  powder  where  it  will  jeopardize 
free  egress  from  the  mine  in  case  of  fire  or  accident 
in  the  main  shaft,  slope,  or  drift  buildings.  A  year 
was  given  by  the  act  in  which  to  construct  the  escape 
shafts  and  exits  as  provided  by  law  and  until  that 
was  done  not  more  than  twenty  men  were  to  be  em- 
ployed in  any  mine. 

In  general  these  same  provisions  were  made  to 
apply  to  gypsum  mines  in  191 3. '^^^  There  must  be 
two  distinct  openings,  three  hundred  and  two  hun- 
dred feet  apart  according  to  the  type  of  mine,  which 
must  be  kept  unobstructed  and  free  from  water. 
Stairways  must  be  at  an  angle  of  not  more  than  six- 
ty degrees  descent  nor  less  than  two  feet  in  width. 
All  air  shafts  must  be  provided  with  fans  for  ven- 
tilating purposes  and  no  combustible  material  is  al- 
low^ed  between  any  escape  shaft  and  the  hoisting 
shaft.  Buildings  may  not  be  located  within  two 
hundred  feet  of  an  escape  shaft  without  the  written 
permission  of  the  State  Mine  Inspector,  neither  may 
an  escape  shaft  be  constructed  without  his  approval. 
Two  gypsum  mines  connected  underground  may  co- 
operate in  the  use  of  each  other's  hoisting  shafts  or 
slopes  for  escape  ways.  One  year  was  given  to  own- 
ers of  mines  in  which  to  comply  with  this  law. 

An  amendment  was  made  in  1911  to  the  law  re- 


256  SOCIAL  LEGISLATION  IN  IOWA 

quiring  means  of  communication  between  the  various 
parts  of  a  mine  by  adding  the  provision  that  in  cases 
where  mechanical  means  are  used  in  hoisting  or  low- 
ering employees  a  competent  person  must  be  sta- 
tioned at  the  top  and  bottom  in  charge  of  the  signals 
during  the  time  of  raising  and  lowering  employees 
and  for  half  an  hour  before  and  after  the  ordinary 
work  in  the  mine  is  in  progress.  A  regulation  code 
of  signals  consisting  of  rings  or  whistles  is  pre- 
scribed in  the  law  to  be  used  between  the  engineer 
and  other  employees  in  mines  where  machinery  is 
operated.  This  code  may  be  added  to  with  the  writ- 
ten consent  of  the  Mine  Inspector  and  must  be  post- 
ed in  view  of  the  engineer  and  at  the  top  and  bottom 
of  each  shaft.  If  the  working  parts  of  a  mine  ex- 
tend three  thousand  feet  beyond  the  foot  of  a  slo]3e, 
shaft,  or  drift,  a  telephone  system  or  like  means  of 
communication  must  be  maintained  and  extended  for 
each  three  thousand  feet  of  progress.  Where  trav- 
eling ways  are  used  in  conjunction  with  haulage 
roads  that  are  over  one  hundred  feet  in  length  there 
must  be  a  code  of  signals  between  the  hauling  en- 
gineer and  all  points  on  the  road,  unless  the  hauling 
is  done  by  motor.^""  Speaking  tubes  or  other  means 
of  communication  must  be  maintained  in  gypsum 
mines.^^^ 

The  law  of  1911  added  the  requirements  that  the 
brake  on  a  drum  shall  be  under  the  control  of  the 
engineer  without  the  necessity  of  his  leaving  his 
post ;  that  flanges  on  drums  shall  have  a  clearance  of 
four  inches  when  wound,  and  that  two  and  one-half 


LEGISLATION  AFFECTING  LABORERS      257 

laps  of  hoisting  cable  shall  remain  on  the  drniii  when 
the  cage  is  at  its  farthest  limit;  that  there  shall  be  an 
index  dial  showing  the  position  of  the  cage;  that 
cages  shall  be  snspended  between  substantial  guides; 
that  their  covers  shall  be  of  boiler  iron ;  that  no  one 
shall  ride  in  a  shaft  or  cage  with  tools  except  in  re- 
pair work;  and  that  the  speed  of  a  cage  shall  not  ex- 
ceed four  hundred  feet  a  minute  when  persons  are 
carried,  nor  shall  any  self-dumping  cage  be  used  for 
passengers  unless  it  can  be  securely  locked/"-  Much 
the  same  devices  are  required  in  g\'psum  mines.^"^ 

After  twilight,  or  when  the  plain  view  of  the  top 
and  openings  of  any  shaft  are  obscured  by  steam  or 
from  another  cause,  a  light  other  than  a  torch  or 
open  light  must  be  kept  burning.  Traveling  ways 
must  be  constructed  around  the  bottom  of  each  hoist- 
ing shaft,  and  for  a  person,  except  repairmen,  to 
cross  the  shaft  bottom  in  any  other  manner  is  un- 
lawful. 

"When  the  Mine  Inspector  holds  that  a  separate 
passage  way  is  impractical  and  a  haulage  road  must 
be  used  by  employees  in  going  to  and  fro,  unless 
there  is  a  clear  space  of  two  and  one-half  feet  be- 
tween the  car  and  the  wall,  refuge  places  must  be 
cut  in  the  side  of  the  passage,  three  feet  in  depth, 
four  feet  wide,  and  five  feet  high,  every  twenty  yards 
along  the  way.  A  light  must  be  carried  on  every 
trip  or  train  of  trip  cars  moved  by  machinery.  All 
entries  used  both  for  draft  animals  and  employees 
must  be  about  eight  feet  wide  and  free  from  timbers 
or  refuse,  except  in  the  case  of  long-wall  work  where 


258  SOCIAL  LEGISLATION  IN  IOWA 

the  inspector  may  determine  that  such  a  width  is 
impracticable.'^*^* 

Boiler  and  engine  rooms  erected  since  July  4, 1911, 
have  been  required  by  law  to  be  made  of  fire-proof 
materials  and  to  be  located  not  closer  than  sixty  feet 
to  the  hoisting  shaft,  slope,  or  drift.  Material  used 
in  the  construction  of  stables  in  mines  must  be  rea- 
sonably incombustible  and  no  inflammable  material 
may  be  stored  therein  except  enough  hay  for  one 
day's  use.  Gasoline  engines  and  supplies  of  gas- 
oline therefor,  which  are  limited  to  twelve  gallons, 
must  be  located  only  on  a  return  air  current  and 
twenty  feet  from  all  traveling  ways.  Ordinarily 
they  are  situated  permanently,  but  in  emergencies 
the  Mine  Inspector  may  allow  them  to  be  placed  tem- 
porarily. If  their  temporary  location  is  dangerous 
to  the  safety  of  the  workmen,  regular  operations  in 
the  mine  must  be  suspended.  At  least  two  hand  fire- 
extinguishers  must  be  kept  ready  at  all  hoisting 
shafts,  air  shafts,  escape  shafts  and  places  of  exit, 
boiler  and  engine  rooms,  stables  in  the  mines,  and 
where  gasoline  engines  are  used.''*'^ 

In  Iowa  blasting  is  the  customary  method  of  min- 
ing. With  little  or  no  supervision  and  in  the  effort 
to  secure  as  much  coal  as  possible  carelessness  pre- 
vailed and  the  disaster  at  Lost  Creek  on  January 
24,  1902,  was  a  result.  A  commission  consisting  of 
two  miners,  two  operators,  and  one  State  Mine  In- 
spector was  appointed  to  investigate,^'''^  and  with 
their  report  as  a  foundation,  the  legislature  the  same 
year  passed  a  law  which  made  it  necessary  for  shot 


LEGISLATION  AFFECTING  LABORERS      2.'/) 

examiners,  in  mines  wliere  coal  was  blasted  from  the 
solid,  to  inspect  all  shots  before  they  were  charged, 
and  it  was  their  duty  to  prevent  the  firing  of  any 
shots  that  were  considered  unsafe.'" 

These  provisions  were  amplified  in  1911  wlien  it 
was  made  the  duty  of  the  shot  examiner  to  inspect 
and  mark  all  dangerous  drill  holes,  of  which  a  record 
is  to  be  kept  for  at  least  a  week.  Shots  may  not  be 
fired  until  inspected,  and  not  at  all,  if  condemned 
by  either  the  shot  examiner  or  the  mine  foreman; 
and  the  mine  foreman  shall  not  cause  a  hole  to  be 
charged  or  a  shot  fired  that  has  been  condemned  by 
the  shot  examiner.^®^ 

The  law  of  1911  remedied  several  other  defects  in 
regard  to  shot  firing.  Soil,  sand,  or  clay  are  now  the 
only  substances  that  may  be  used  for  tamping  and 
such  material  must  be  delivered  at  a  place  convenient 
to  the  workman.  Fine  coal  dust  is  very  inflammaljle 
and  often  explosive,  and  so,  to  gaiard  against  this 
danger,  the  law  requires  that  dust  must  not  be  per- 
mitted to  accumulate  along  the  roadways  which,  if 
dry  and  dusty,  are  to  be  sprinkled  at  least  once  a 
week  and  as  much  oftener  as  necessary.'"''* 

No  explosives  are  allowed  to  be  stored  in  any  coal 
mine,  but  each  miner  may  have  with  him  two  twenty- 
five  pound  kegs  of  powder  and  other  explosives  nec- 
essary for  one  day's  use,  securely  locked  in  a  wooden 
or  metallic  box.  All  powder  or  explosives  must  be 
delivered  in  the  mine  by  the  operator  or  men  em- 
ployed by  him  for  that  purpose,  and  by  electrical 
process  in  mines  where  twenty  or  more  men  are  em- 


260  SOCIAL  LEGISLATION  IN  IOWA 

ployed  only  when  the  employees  have  left  the  mine. 
The  penalty  for  the  violation  of  this  law  is  a  max- 
imum fine  of  one  hundred  dollars  or  thirty  days  im- 
prisonment in  the  county  jail."° 

In  order  that  those  employees  in  mines  who  oc- 
cupy positions  of  grave  responsibility  should  be  well 
qualified  for  their  places,  a  law  in  1900  made  it  neces- 
sary that  every  foreman,  pit  boss,  and  hoisting  en- 
gineer in  mines  the  daily  output  of  which  exceeded 
twenty-five  tons  shall  possess  a  certificate  of  com- 
petency awarded  by  the  Board  of  Examiners  of  Mine 
Inspectors  after  a  satisfactory  oral  or  written  exam- 
ination, or  upon  proof  that  the  applicant  had  been 
continuously  employed  as  mine  foreman,  pit  boss,  or 
hoisting  engineer  for  four  years  immediately  preced- 
ing the  examination.  An  examination  fee  of  two  dol- 
lars is  charged  and  if  successful  the  applicant  must 
pay  another  fee  of  two  dollars  for  his  certificate. 
For  the  violation  of  this  act  a  fine  of  not  more  than 
$500,  or  imprisonment  in  the  county  jail  for  not  ex- 
ceeding six  months,  or  both  may  be  imposed."^ 

According  to  the  original  law  vacancies  occurring 
in  the  positions  of  foreman,  pit  boss,  or  engineer 
were  to  be  filled  within  a  reasonable  time  and  in  1909 
a  ''reasonable  time"  was  fixed  at  thirty  days;"" 
while  the  next  General  Assembly  changed  the  scheme 
of  rating  mines  included  under  this  law  from  those 
having  a  daily  output  of  twenty-five  tons  to  those 
employing  five  or  more  persons."^  For  committing 
a  misdemeanor  under  the  mining  act  of  1911  or  for 
wilful  disobedience  of  the  orders  of  the  Mine  In- 


LEGISLATION  AFFECTING  LABORERS      261 

spector,  the  Board  of  Examiners  may  revoke  cer- 
tificates of  foremen,  pit  bosses,  and  engineers."* 

Wlien  the  position  of  sliot  examiner  in  mines  was 
created  it  was  required  that  they  too  should  prove 
their  competency,  but  to  the  Mine  Inspector  rather 
than  to  the  Board  of  Examiners."^ 

The  mining  act  of  1911  prohibited  any  person 
from  talking  to  an  engineer  on  duty  and  no  one  be- 
sides the  engineer  is  allowed  in  the  engine  room  ex- 
cept on  business.  It  is  further  provided  that  *'no 
persons  shall  go  into,  at  or  around  a  mine  or  the 
buildings,  tracks  or  machinery  connected  therewith 
while  under  the  influence  of  intoxicants  and  no  per- 
son shall  use,  carry  or  have  in  his  possession,  at,  in 
or  around  the  mine  or  the  buildings,  tracks  or  ma- 
chinery connected  therewith,  any  intoxicants.""*' 

It  is  for  the  mine  foreman  to  inspect  all  parts  of 
the  mine  from  day  to  day  to  see  that  props  and  caps 
are  supplied  at  convenient  places,  to  keep  a  record 
of  all  boys  under  sixteen  who  are  employed  during 
vacation,  to  examine  each  escape  shaft,  manway,  and 
traveling  way  every  day,  and  to  make  a  written  re- 
port which  is  filed  in  the  office  of  the  mine  and  a 
monthly  copy  sent  to  the  Mine  Inspector.  If  condi- 
tions in  any  escape  shaft,  manway,  or  traveling  way 
become  dangerous  he  must  notify  the  employees  by 
obstructing  the  way  at  the  defective  spot."^ 

Since  1911  it  has  also  been  the  duty  of  all  em- 
ployees to  examine  their  working-places  before  be- 
ginning to  mine  or  load  coal,  to  avoid  the  waste  of 
props,  to  notify  the  foreman  if  those  furnished  are 


262  SOCIAL  LEGISLATION  IN  IOWA 

not  suitable,  and  to  carefully  close  all  doors  that 
direct  the  air  current.  No  workman  shall  knowingly 
injure  any  water  gauge,  barometer,  equipment,  ma- 
chinery, or  live  stock,  nor  place  refuse  material  or 
any  obstruction  in  any  air  course."^ 

A  stretcher  for  every  fifty  employees  in  a  mine 
must  be  maintained,  wdth  sufficient  blankets  and 
bandages. ^''^ 

In  1911  the  Mine  Inspector  w^as  empowered,  after 
reasonable  notice,  to  bring  suit  in  the  district  court 
to  compel  a  mine-owner  to  provide  safety  appliances. 
Then  if  the  owner  of  the  mine  fails  to  comply  with 
the  law  he  may  be  held  for  contempt  of  court  and 
fined  as  much  as  $500,  being  committed  to  the  county 
jail  until  the  fine  is  paid.  The  judge  may  order  the 
mine  closed  while  the  case  is  pending.^^° 

The  Twenty-seventh  General  Assembly  gave  the 
Board  of  Railroad  Commissioners  —  a  body  com- 
posed of  three  members  elected  for  a  term  of  three 
years  and  having  general  supervision  of  all  railroads 
in  the  State,  except  street  railways  —  power  to  ex- 
tend the  time  within  which  railway  companies,  or  car 
manufacturing  or  transportation  companies  leasing 
cars  in  the  State,  were  to  equip  their  cars  with  auto- 
matic couplers  from  January  1,  1898,  to  January  1, 
1900.^^^ 

In  1907  the  General  Assembly  recognized  the  fact 
that  many  railway  accidents  are  attributable  to  the 
unreasonable  hours  exacted  of  trainmen.  A  law  was 
placed  upon  the  statute  books  which  prohibited  any 


LEGTSLATTOX  AFFECTING  LABORERS      263 

employee  engaged  in  tlie  operation  of  trains  from 
remaining  on  duty  or  being  recpiired  to  remain  on 
duty  more  than  sixteen  consecutive  hours,  from  per- 
forming any  further  duty  without  ten  hours  of  rest, 
and  from  working  more  than  sixteen  hours  out  of 
any  twenty-four.  These  provisions  do  not  apply, 
however,  in  case  of  work  performed  in  the  protection 
of  life  or  property  at  the  time  of  a  wreck  or  accident, 
nor  to  the  time  necessary  for  trainmen  to  reach  a 
resting  place  after  an  unavoidable  delay;  nor  does 
the  law  work  to  prevent  crews  from  taking  a  pas- 
senger train,  or  freight  train  loaded  exclusively  with 
live  stock  or  perishable  freight,  to  the  nearest  divi- 
sion point ;  and  finally,  employees  of  sleeping-car 
companies  are  not  included.  It  is  the  duty  of  the 
Board  of  Railroad  Commissioners  to  investigate  all 
alleged  violations  of  the  act,  filing  a  report  of  the 
same  with  the  Governor.  They  must  also  prosecute 
actual  violations.  The  penalty  for  violation  by  any 
superintendent,  train  master,  train  dispatcher,  yard 
master,  or  other  official  is  a  fine  of  from  $100  to  $500 
for  each  offense. ^^- 

Another  cause  of  railroad  accidents  is  to  be  found 
in  overhead  obstructions;  and  the  Thirty-second 
General  Assembly  gave  the  Board  of  Railroad  Com- 
missioners supervision  over  the  stringing  of  wires 
over  or  under  any  railroad  track.  The  board  was 
to  make  regulations  in  this  connection  within  a 
month  after  the  act  went  into  effect  and  to  examine 
wires  already  strung,  ordering  such  changes  as  were 
necessarv.     In  no  case  niav  wires  cross  anv  track 


264  SOCIAL  LEGISLATION  IN  IOWA 

less  than  twenty-two  feet  from  the  top  of  the  rails. 
A  fine  of  one  Imnclred  dollars  for  every  ten  days  a 
wire  is  maintained  contrary  to  regulations  is  the 
inducement  to  comply  with  the  law  and  it  is  enforce- 
able by  action  in  the  courts  at  the  request  of  the 
Board  of  Railroad  Commissioners.^^^ 

It  has  been  unlawful  since  1909  for  any  switch- 
engine  to  be  operated  without  a  head  light  at  each 
end  when  used  between  sunset  and  sunrise,  or  with- 
out footboards  of  uniform  height,  width,  and  length 
both  on  the  pilot  of  the  engine  and  at  the  rear  of  the 
tender.  Grab  rails  at  a  convenient  height  for  em- 
ployees to  hold  to  with  their  hands  and  running  the 
full  length  of  the  pilot  beam  and  the  rear  end 
beam  of  the  tender  were  also  prescribed  by  the  same 
law.  Exceptions  are  made,  however,  in  the  case  of 
engines  used  for  switching  at  places  where  regular 
engines  are  not  exclusively  employed  as  such,  or 
when  for  a  period  of  twelve  hours  a  switch-engine 
is  being  cleaned,  or  for  a  period  of  forty-eight  hours 
if  the  switch-engine  is  disabled,  or  in  the  event  of  an 
unexpected  amount  of  work.  Neither  is  the  switch- 
ing by  work  trains  considered  contrary  to  law.  Con- 
viction of  the  violation  of  these  requirements  in- 
vokes a  fine  of  from  $50  to  $500,  and  each  day  that 
an  engine  not  equipped  according  to  law  is  operated 
constitutes  a  separate  misdemeanor.^^* 

Following  the  law  regulating  certain  safety  de- 
vices on  switch-engines  came  one  prescribing  the 
construction  of  caboose  cars.^^^  They  must  be  at 
least  twenty-four  feet  in  length,  exclusive  of  plat- 


LEGISLATION  AFFECTING  LABORERS      265 

forms.  They  must  be  equipped  with  two  four-wheel 
trucks  and  provided  with  a  door  and  platform  at 
each  end,  a  cupola,  closets  and  windows,  an  emer- 
gency air  valve,  and  an  air  gauge.  The  platforms 
are  required  to  be  eighteen  inches  wide  and  fitted 
with  guard  rails,  grab  irons,  hand  brakes,  and  steps, 
the  latter  being  equipped  with  guards  at  each  end 
and  the  back  designed  to  prevent  slipping.  How- 
ever, work  trains,  transfer  service,  and  trains  oper- 
ated in  cases  of  emergency  of  less  duration  than 
thirty-six  hours  do  not  come  within  the  operation  of 
the  law.  Neither  does  the  law  apply  to  interurban 
railroads.  The  act  stipulated  that  as  fast  as  ca- 
booses were  brought  into  the  shops  for  general  re- 
pairs they  were  to  be  sent  out  with  the  proper  equip- 
ment, but  by  January  1,  1912  —  this  time  limit  be- 
ing subject  to  extension  as  much  as  one  year  by  the 
State  Railroad  Commissioners  —  all  were  to  be 
equipped  in  conformity  with  the  law.  Common  car- 
riers engaged  in  transportation  by  railroads  within 
the  State  to  which  State  regulative  power  extends, 
except  interurban  roads,  which  conduct  themselves 
contrariwise  are  guilty  of  a  misdemeanor  and  sub- 
ject to  a  fine  of  not  less  than  $100  nor  more  than  $500 
for  each  offense. 

Railways  operating  in  Iowa  between  November 
first  and  April  first  of  each  year  must  equip  all  their 
locomotives  with  frost  glass  not  less  than  eight 
inches  wide  and  eighteen  inches  long  on  each  side  of 
the  cab  in  front  of  the  seats  of  the  engineer  and  fire- 
man.   Seventv-two  hours  are  allowed  in  which  to  re- 


266  SOCIAL  LEGISLATION  IN  IOWA 

pair  or  replace  a  damaged  or  broken  frost  glass.  The 
penalty  for  tlie  violation  of  this  act  is  a  fine  of  not 
less  than  fifty  or  more  than  one  hundred  dollars  for 
each  day  a  locomotive  is  operated  without  the  re- 
quired frost  glass/^" 

While  its  duties  are  fundamentally  of  an  economic 
nature,"^"  the  Board  of  Railroad  Commissioners  was 
in  1907  given  the  authority  to  investigate  any  seri- 
ous accident  resulting  in  personal  injury  or  loss  of 
life  and  to  make  a  prompt  report  to  the  Governor. 
But  nothing  in  this  report  may  be  used  as  evidence 
or  referred  to  in  any  case  in  court. ^*^-  In  the  annual 
reports  of  the  Railroad  Commissioners  data  has 
been  included  concerning  accidents  but  in  such  a 
manner  as  to  make  it  futile. ^^^  Since  July  4,  1914, 
the  accidents  of  those  companies  coming  under  the 
Workmen's  Compensation  Act  have  been  reported 
through  the  Industrial  Commissioner.^^" 

But  legislation  guaranteeing  the  safety  of  em- 
ployees on  railroads  is  not  confined  entirely  to  those 
under  the  supervision  of  the  Board  of  Railroad  Com- 
missioners. Street  railways  also  have  had  some 
consideration.  Since  1897  the  law  requiring  front 
vestibules  on  street  cars  to  be  enclosed  on  three  sides 
from  November  first  to  April  first  has  been  amended 
so  that  front  vestibules  must  be  enclosed  on  all  sides 
during  these  months.  This  act  went  into  operation 
on  November  1,  1907.='^  The  Thirty-third  General 
Assembly  added  that  after  October  1,  1909,  motor 
cars,  except  trailers,  used  to  transport  passengers, 


LEGISLATION  AFFECTING  LABORERS      267 

not  then  required  by  law  to  carry  an  ciicIoscmI  vesti- 
bule, should  bo  equipped  with  a  transparent  shield 
extendinfj:  the  full  width  of  the  car  and  constructed 
so  as  to  afford  protection  from  inclement  weather. 
Each  day  a  car  is  run  in  violation  of  this  act  con- 
stitutes a  separate  offense  punishable  by  a  fine  of  not 
less  than  twenty-five  dollars. ^''- 

The  final  piece  of  legislation  contemplating  safety 
in  the  operation  of  street  cars  came  in  1911.  Com- 
panies were  given  until  January  1,  1913,  to  equip  all 
double-truck  passenger  cars  with  power  brakes  and 
a  device  for  sanding  the  rails  so  constructed  as  to  be 
operated  by  the  motorman.  All  single-truck  pas- 
senger cars  thirty-two  feet  long  installed  since  July 
4,  1911,  have  also  been  required  to  be  so  equipped. 
For  the  violation  of  this  act  the  fine  may  not  be  more 
than  twenty-five  dollars,  but  each  day's  operation 
"without  such  equipment  constitutes  a  separate  of- 
fense.'^'^^ 

The  classification  of  passenger  boats  to  be  inspect- 
ed was  altered  in  1900  by  including  all  except  row- 
boats.  The  law  also  recognized  all  power  boats  and 
not  merely  sailing  craft  and  steamboats.^"* 

The  Thirty-third  General  Assembly  passed  a  law 
making  it  necessary  for  boats  propelled  by  sails  or 
machinery  on  public  waters  of  Iowa  between  the 
hours  of  thirty  minutes  after  sunset  and  thirty  min- 
utes before  sunrise  to  carry  a  headlight,  the  lens  or 
mirror  of  which  must  be  at  least  five  inches  in  diam- 
eter.    Boats  operated  by  machinery  having  a  speed 


268  SOCIAL  LEGISLATION  IN  IOWA 

of  more  than  ten  miles  an  hour  must  be  equipped 
with  a  reverse  gear,  reversible  propeller,  or  some 
other  adequate  means  of  prompt  reversal.  The 
speed  limit  in  going  through  a  draw  or  under  a 
bridge  is  four  miles  an  hour.  A  maximum  fine  of 
one  hundred  dollars  or  a  sentence  of  thirty  days  in 
the  county  jail  may  be  imposed  for  a  violation  of 
these  provisions.^®^ 

Since  April  12,  1911,  every  boat  for  which  a  cer- 
tificate of  inspection  is  issued  must  be  supplied  with 
a  number  of  life  preservers  equal  to  one-half  the 
number  of  persons  that  may  be  carried,  and  these 
life  preservers  must  be  kept  within  view  and  easy 
reach  of  the  passengers.  Life  preservers  are  sub- 
ject to  inspection  at  the  same  time  as  the  boat.  The 
penalties  for  a  failure  to  comply  with  this  act  are  the 
same  as  those  prescribed  for  violation  of  the  law  re- 
quiring boats  to  be  inspected  and  licensed."^'' 

INDEMNITY  FOR  WORK  ACCIDENTS 

Until  the  passage  of  the  Workmen's  Compensa- 
tion Act  of  1913  the  only  method  by  which  an  injured 
workman  could  claim  indemnity  was  an  appeal  to 
the  courts  under  the  Common  Law  of  employers' 
liability.  Employers'  liability  laws  are  an  out- 
growth of  the  law  of  torts.  They  are  based  upon 
the  question  of  fault  or  personal  liability  for  per- 
sonal wrong.  But  as  time  has  elapsed  and  new  con- 
ditions have  appeared  in  industrial  affairs  the  fun- 
damental doctrine  has  been  modified. 

Duties  of  Employers.  —  It  is  the  duty  of  the  em- 
ployer to  use  ordinary  care  for  the  safety  of  his  em- 


LEGISLATION  AFFECTING  LABORERS      269 

ployees  and  an  injury  resulting  from  breach  of  this 
duty  constitutes  negligence,  for  which  he  may  be 
held  liable. 

Occupational  Risks.  —  There  are  certain  inherent 
hazards  in  every  industry  which  no  amount  of  care 
is  able  to  overcome.  For  these  the  law  of  employ- 
ers' liability  affords  no  remedy. 

The  Fellow  Servant  Rule.  —  Neither  can  a  master 
be  made  accountable  to  one  workman  for  the  negli- 
gent acts  or  omissions  of  another  who  is  engaged  in 
the  same  employment.  With  the  growing  complex- 
ity of  modern  industry,  co-employment  has  ironical- 
ly kept  pace.  Track  inspectors  and  locomotive  en- 
gineers have  been  classed  as  fellow  servants. 

Contributory  Negligence.  —  Another  way  in  which 
the  law  baffles  an  injured  workman  in  his  endeavor 
to  get  indemnity  for  personal  injury  is  through  the 
doctrine  of  contributory  negligence.  No  matter  how 
delinquent  an  employer  may  have  been,  if  the  injury 
has  resulted  from  the  failure  of  the  workman  to 
exercise  due  care  or  on  account  of  the  slightest  neg- 
ligence on  his  part  there  is  no  compensation  forth- 
coming. 

Assumption  of  Risk.  —  Finally,  if  an  employer  is 
so  notoriously  negligent  that  the  workman  must 
have  been  aware  of  the  danger,  he  is  assumed  to  have 
tacitly  accepted  the  negligence  as  a  condition  of  his 
employment,  assumed  the  risk,  and  waived  his  right 
to  recover. 

Iowa  legislators  up  to  the  adoption  of  the  recent 
"Workman's   Compensation   Act   sought   to   protect 


270  SOCIAL  LEGISLATION  IN  IOWA 

workmen  by  a  modification  of  these  principles  which 
are  based  upon  the  antiquated  policy  of  laissez  faire 
and  individual  responsibility  for  social  and  economic 
conditions. 

The  first  employers'  liability  measure  to  be  passed 
after  the  adoption  of  the  Code  of  1897  consisted  of 
an  amendment  to  the  law  abrogating  the  fellow  ser- 
vant rule  on  railroads.  In  order  to  evade  the  final 
clause  of  the  law  which  stipulated  "no  contract 
which  restricts  such  liability  shall  be  legal  or  bind- 
ing", voluntary  relief  departments,  toward  the  sup- 
port of  which  employees  contributed  part  of  their 
wages,  were  formed.  The  so-called  Temple  Amend- 
ment was  therefore  passed  in  1898  declaring  that 
''any  contract  of  insurance,  relief,  benefit,  or  indem- 
nity" entered  into  before  the  injury  should  not  con- 
stitute a  bar  to  recovery  or  a  defense.  This  was  not 
to  be  construed,  however,  to  prevent  settlement  be- 
tween parties  subsequent  to  the  injury.^^^ 

It  was  not  until  1907  that  the  doctrine  of  assump- 
tion of  risk  was  qualified  in  other  industries  than 
railroads. ^^^  The  Thirty-second  General  Assembly 
provided  that,  should  any  employer  in  an  establish- 
ment where  machinery  is  used  be  given  written 
notice  that  certain  machinery  or  appliances  were  de- 
fective or  out  of  repair,  an  employee,  by  reason  of 
remaining  in  the  employment  with  knowledge  of  the 
defect,  should  not  be  deemed  to  have  assumed  the 
resultant  risk.^^^ 

The  salient  feature  of  this  was  the  fact  that  the 
notice  to  the  employer  had  to  be  written.     By  an  act 


LEGISLATTOX  AFFECTING  LABORERS      271 

of  the  Thirty-third  General  Assembly,  this  defect 
was  remedied,  it  being  only  necessary  that  the  em- 
ployer have  knowledge  of  the  defect.  Contracts  re- 
stricting this  liability  of  employers  were  declared  in- 
valid. Another  avenue  of  evasion  was  blocked  by 
the  act  providing  that  the  risk  created  by  defective 
machinery  is  not  occupational.  The  law  did  not, 
however,  apply  to  the  employee  whose  duty  it  was  to 
repair  the  defect  nor  when  the  danger  was  so  ap- 
parent that  a  prudent  man  would  not  remain  at  the 
work.""'' 

The  rule  of  contributory  negligence  was  modified 
in  1909  in  the  railroading  industry.  If  the  injured 
employee  should  contribute  to  the  accident,  that  fact 
was  not  to  operate  as  a  bar  to  recovery,  but  the  dam- 
ages were  to  be  in  proportion  to  the  amount  of  his 
negligence.  There  could  be  no  contributory  neg- 
ligence on  the  part  of  the  employee  if  his  injury  was 
the  result  of  the  neglect  of  the  employer  to  provide 
the  safety  appliances  prescribed  by  law.®°^ 

Thus,  in  Iowa,  tlie  year  1912  found  the  fellow  ser- 
vant rule  and  the  doctrine  of  assumption  of  risk  ab- 
rogated in  the  case  of  railroads,  while  contributory 
negligence  was  not  an  absolute  bar  to  recovery.  In 
other  industries  the  fellow  servant  and  contributory 
negligence  rules  remained  in  force,  but  assumption 
of  risk  applied  only  to  employees  whose  duty  it  was 
to  repair  defects  and  to  those  who  remained  at  work 
when  the  danger  was  so  imminent  that  a  reasonably 
prudent  person  would  not  do  so. 

That  the  recovery  of  some  part  of  the  economic 


272  SOCIAL  LEGISLATION  IN  IOWA 

loss  of  work  accidents  might  be  facilitated,  mutual 
life  insurance  companies  whose  charters  permitted 
were  allowed  in  1906  to  write  health,  accident,  and 
employers'  liability  insurance  against  any  casualty 
except  those  caused  by  the  explosion  of  steam  boil- 
ers.'"^ 

The  '^ Employers'  Liability  and  Workmen's  Com- 
pensation Act"  of  1913  ""^  w^as  a  result  of  the  work 
of  a  commission  created  by  the  Thirty-fourth  Gen- 
eral Assembly  to  investigate  the  problem  of  indus- 
trial accidents  and  'inquire  into  the  most  equitable 
and  effectual  methods  of  providing  compensation  for 
losses  suffered".^"* 

The  law  applies  to  all  employers  and  employees 
except  household  servants,  farm  hands,  and  casual 
laborers,  but  the  choice  of  coming  under  the  terms  of 
the  act  is  optional  both  with  the  employer  and  em- 
ployee, unless  the  State,  county,  municipality,  or 
school  district  is  the  employer,  in  which  event  it  is 
compulsory  upon  both  employer  and  employee.  Un- 
less the  law  is  affirmatively  rejected  it  becomes  auto- 
matically compulsory  with  any  employer  or  em- 
ployee. But  if  the  employer  prefers  to  reject  the 
act  he  assumes  the  burden  of  proof  when  charged 
w^ith  negligence  and  all  injuries  are  presumed  to  be 
caused  by  such  negligence. 

The  prime  object  in  providing  the  elective  feature 
was  the  hope  of  making  the  law  constitutional. 
That  this  expectation  was  not  futile  has  been  borne 
out  by  the  decision  of  the  United  States  District 
Court  of  the  southern  district  of  Iowa  rendered  on 


LEGISLATION  AFFECTING  LABORERS      273 

June  22,  1914.  Jiul^o  Smith  McPherson  declared 
the  law  constitutional  in  all  its  parts.*'"'^ 

Assumption  of  risk,  fellow  servant,  and  contrib- 
utory negligence  doctrines  are  all  swept  away  as  de- 
fenses, unless  the  latter  is  wilful  or  the  result  of  in- 
toxication. Employers  can  not  in  any  way  contract 
with  their  employees  so  as  to  relieve  themselves  of 
liability  for  injuries  caused  by  their  own  negligence, 
although  there  is  nothing  to  hinder  a  settlement  after 
injury,  provided  the  standard  set  by  the  act  is  ful- 
filled.' 

In  case  it  is  the  employee  who  rejects  the  act,  then 
the  employer  may  ' '  plead  and  rely  upon  any  and  all 
defenses  including  those  at  common  law,  and  the 
rules  and  defenses  of  contributory  negligence,  as- 
sumption of  risk  and  fellow-servant  shall  apply  and 
be  available  to  the  employer  as  by  statute  authorized 
unless  otherwise  provided  in  this  act."  Notice  of 
injury  must  be  given  within  thirty  days,  or  within 
fifteen  if  to  delay  a  longer  time  would  impair  the 
rights  of  the  employer. 

The  amount  of  compensation  depends  upon  the 
seriousness  of  the  injuiy  and  is  based  upon  the  aver- 
age wages  of  the  employee  computed  on  the  basis  of 
his  annual  earnings  for  the  year  next  preceding  the 
injury.  After  two  weeks  of  incapacity  the  employer 
may  be  required  to  furnish  surgical,  medical,  and 
hospital  services  to  the  amount  of  one  hundred  dol- 
lars. In  case  of  death,  and  there  are  no  dependents, 
the  expenses  of  the  sickness  and  burial  of  the  work- 
man are  paid,  but  the  total  amount  shall  not  exceed 


274  SOCIAL  LEGISLATION  IN  IOWA 

one  hundred  dollars.  If  there  are  persons  wholly 
dependent,  they  are  paid  fifty  percent  of  the  work- 
man's average  weekly  wage,  but  not  more  than  ten 
nor  less  than  five  dollars  a  week,  for  a  period  of 
three  hundred  weeks.  In  case  of  partial  dependents, 
the  compensation  for  the  same  length  of  time  is  in 
proportion  to  the  part  of  the  workman's  annual 
earnings  formerly  contributed  toward  their  support. 
There  is  no  compensation  for  incapacity  lasting  less 
than  two  weeks.  For  temporary  disability,  fifty 
percent  of  the  w^eekly  wage  at  the  time  of  the  injury 
is  given,  or  all  of  it  if  such  wage  is  less  than  five 
dollars  a  week,  and  payments  are  continued  during 
three  hundred  weeks  of  such  disability.  Total  per- 
manent disability  entitles  the  injured  to  the  same 
compensation  for  four  hundred  weeks.  A  complex 
schedule  of  compensation  for  various  dismember- 
ments is  also  included,  ranging  from  fifty  percent  of 
daily  wages  during  two  hundred  weeks  for  the  loss 
of  an  arm  to  fifty  percent  of  the  daily  wages  during 
seven  and  one-half  weeks  for  the  loss  of  the  first 
phalange  of  the  fourth  finger.  Payments  may  be 
made  in  a  lump  sum  if  desired.  Any  benefit  or  in- 
surance arrangements  whereby  the  employee  con- 
tributes part  of  his  wages  toward  a  relief  fund  are 
held  to  be  void. 

For  the  administration  of  the  law  there  is  an  In- 
dustrial Commissioner,  appointed  by  the  Governor 
for  a  term  of  six  years  and  at  a  salary^  of  $3000  a 
year,  with  large  powers  of  settling  disputes,  secur- 
ing testimony,  approving  safety  appliances,  and  de- 


LEGISLATION  AFFECTING  LABORERS      275 

ciding  claims  of  attorneys  for  services  in  securing  a 
recovery  under  the  act.  Settlements  made  by  the 
arbitration  committee,  consisting  of  the  Industrial 
Commissioner  and  two  others,  one  named  by  each  of 
the  disputing  parties,  may  be  reviewed  by  the  In- 
dustrial Commissioner  and  appealed  to  the  district 
court,  but  from  that  court  appeals  may  be  made  only 
on  questions  of  law. 

All  employers  under  the  act  are  required  to  secure 
their  liability  within  thirty  days  with  some  corpora- 
tion, association,  or  organization  approved  by  the 
State  Insurance  Department.  This  insurance  may 
be  either  mutual  or  benefit. 

THE  HEALTH  OF  LABOEEES 

A  law  passed  in  1898  provides  that  the  air  current 
in  mines  must  not  be  a  greater  distance  than  sixty 
feet  from  the  working  face,  except  in  making  cross 
cuts  in  entries,  and  then  not  further  away  than  sev- 
enty feet,  unless  the  Mine  Inspector  should  grant 
special  permission  in  particular  cases. ""^ 

Important  amplifications  and  additions  were  made 
by  the  ''Mines  and  Mining  Act"  of  1911.  Air  cur- 
rents in  coal  mines  must  be  measured  once  a  week  at 
the  bottom  of  the  intake,  near  the  mouth  of  each  split 
of  the  intake,  and  near  the  working  face  of  the  en- 
tries. The  air  current  in  every  mine  must  be  split 
and  conducted  so  that  not  more  than  eighty  em- 
ployees are  on  the  same  split,  but  in  certain  instances 
the  Mine  Inspector  may  permit  as  many  as  fifty 
more  if  the  required  amount  of  air  is  being  circu- 


276  SOCIAL  LEGISLATION  IN  IOWA 

lated.  Doors  maintained  for  conducting  the  air  cur- 
rent must  be  kept  closed.  All  breaks-through  in  en- 
tries and  rooms,  except  the  last  one,  must  be  closed 
so  as  to  prevent  the  air  from  passing  through.  The 
openings  of  all  abandoned  rooms  and  works  must 
also  be  securely  closed.  Breaks-through  in  entries 
must  be  of  an  area  of  not  less  than  twenty -five  feet ; 
and  in  the  rooms  the  area  of  breaks-through  must 
not  be  less  than  twenty  feet.  After  being  notified 
by  the  Mine  Inspector,  if  the  mine-owner  or  agent 
fails  to  provide  a  sufficient  air  supply,  the  employees 
may  be  ordered  out  until  the  defect  is  remedied. 
Failure  to  comply  constitutes  a  misdemeanor  pun- 
ishable by  a  fine  of  from  five  to  one  hundred  dol- 
lars."" 

No  stable  may  be  so  located  in  a  mine  that  the  air 
current  passes  through  it,  nor  in  any  place  without 
the  approval  of  the  Mine  Inspector.  Gasoline  en- 
gines and  supplies  of  gasoline  must  in  all  cases  be 
located  in  the  return  air  current.""^ 

In  gypsum  mines  the  amount  of  ventilation  re- 
quired is  the  same  as  for  coal  mines,  and  the  Mine 
Inspector  may  stop  the  work  if  the  current  is  not 
sufficient.®"^  There  are,  however,  no  provisions  for 
measurement  or  for  split  currents. 

Closely  associated  with  the  ventilation  of  mines 
are  the  laws  governing  their  illumination.  In  1898 
before  any  oil  whatever  could  be  used  for  purposes 
of  illumination  in  coal  mines  it  had  to  be  inspected 
and  approved  by  the  Inspector  of  Petroleum  Pro- 
ducts.    The  other  duties  of  the  Mine  Inspector  re- 


LEGISLATION  AFFECTING  LABORERS      277 

lating  to  illuminating  oil  were  also  turned  over  to 
this  officer."^" 

The  only  changes  made  when  the  law  was  rewrit- 
ten in  1911  were  to  limit  the  means  of  illumination  to 
materials  equally  as  free  from  smoke  or  offensive 
odor  as  pure  animal  or  vegetable  oil,  and  if  any  sub- 
stance is  used,  the  refuse  from  which  gives  off  of- 
fensive odor  or  gas,  such  refuse  must  be  removed  at 
the  end  of  the  day's  work.  The  provision  that  oil 
had  to  be  inspected  and  approved  by  the  Inspector  of 
Petroleum  Products  before  being  used  in  coal  mines 
was  omitted."^ ^ 

In  1902  it  became  unlawful  for  any  manufacturing 
establishment,  workshop,  or  hotel  in  which  five  or 
more  persons  are  employed  not  to  be  furnished  with 
a  sufficient  number  of  water  closets,  earth  closets, 
or  privies,  properly  screened,  ventilated,  and 
cleaned;  and  if  women  or  girls  are  employed,  sep- 
arate closets  with  separate  approaches  must  be  sup- 
plied. Enforcement  is  in  the  hands  of  the  Commis- 
sioner of  the  Bureau  of  Labor  Statistics,  mayor  of 
the  city,  and  the  chief  of  police;  and  violation  may 
be  punished  by  a  fine  of  one  hundred  dollars  or  im- 
prisonment in  the  county  jail  for  thirty  days."^-  An 
amendment  was  made  in  1911  whereby  it  w^as  re- 
quired that  at  least  one  water  closet  or  privy  should 
be  supplied  for  every  twenty  employees  and  kept 
free  from  obscene  writing  or  marking.  The  further 
])rovision  was  added  that  washing  facilities  should 
be  furnished  in  factories,  mercantile  establishments, 


278  SOCIAL  LEGISLATION  IN  IOWA 

mills,  and  workshops;  and  when  the  work  necessi- 
tates a  change  of  clothing  there  must  be  proper  and 
segregated  rooms  for  men  and  women.  A  supply  of 
suitable  drinking  water  must  also  be  at  hand.*^^^ 

Wherever  emery  wheels,  emery  belts,  or  tumbling 
barrels  are  used  in  factories  or  workshops  to  a 
greater  extent  than  for  the  temporary  grinding  of 
tools,  unless  water  is  applied  at  the  point  of  grind- 
ing contact,  there  must  be  blowers  and  pipes  of  suf- 
ficient capacity  to  conduct  the  particles  of  dust  creat- 
ed to  the  outside  of  the  building  or  to  some  recep- 
tacle. If  not  more  than  one  man,  however,  is  kept  at 
such  work  the  employer  may  be  exempt  at  the  dis- 
cretion of  the  Commissioner  of  the  Bureau  of  Labor 
Statistics. ^^*  In  1913  deleterious  gases  or  fumes 
from  molten  metal  or  other  material  in  factories, 
workshops,  printshops,  or  places  where  such  ma- 
terial is  used,  were  required  to  be  carried  off  by 
pipes,  flues,  or  other  adequate  ventilators.®^^  The 
methods  of  enforcement  and  the  penalty  for  viola- 
tion of  these  provisions  are  the  same  as  in  the  case 
of  failure  to  supply  water  closet  and  washing  facil- 
ities. 

CHILD  LABOE 

The  first  attempt  to  regulate  the  employment  of 
children  in  industry  had  reference  only  to  mines.  In 
the  Code  of  1897  the  only  instance  of  child  labor  pro- 
hibition is  that  no  boy  under  twelve  years  of  age 
shall  work  in  a  mine. 

The  next  step  had  to  do  with  the  protection  of 
children  from  personal  injury  and  is  found  in  the 


LEGISLATION  AFFECTING  LABORERS      279 

Factory  Act  of  1902.  "No  person  under  sixteen 
years  of  age",  declared  the  act,  ''and  no  female  un- 
der eighteen  years  of  age  shall  be  permitted  or 
directed  to  clean  machinery  while  in  motion.  Chil- 
dren under  sixteen  years  of  age  shall  not  be  permit- 
ted to  operate  or  assist  in  operating  dangerous  ma- 
chinery, of  any  kind."^^®  But  this  law  was  evaded 
on  the  part  of  certain  employers  by  inveigling  per- 
sons under  age  to  waive  the  liability  of  injury  from 
dangerous  machinery.®^^ 

It  was  the  Thirty-first  General  Assembly  that  en- 
acted the  present  child  labor  law  in  lowa.^^®  No  per- 
son under  fourteen  j^ears  of  age  may  be  employed  in 
*'any  mine,  manufacturing  establishment,  factory, 
mill,  shop,  laundry,  slaughter  house  or  packing 
house,  or  in  any  store  or  mercantile  establishment 
where  more  than  eight  persons  are  employed,  or  in 
the  operation  of  any  freight  or  passenger  elevator", 
and  no  one  under  sixteen  A^ears  of  age  may  be  em- 
ployed at  any  work  or  occupation  which  is  physically 
dangerous  or  morally  depraving.  Neither  is  it  per- 
missible that  those  under  sixteen  years  of  age  be  re- 
quired to  work  before  six  o'clock  in  the  morning  or 
after  nine  o'clock  in  the  evening,  and  if  the  employ- 
ment exceeds  five  hours  a  day  there  must  be  an  inter- 
mission of  at  least  thirty  minutes  between  eleven 
and  one  o'clock.  Persons  working  in  ''husking 
sheds  or  other  places  connected  with  canning  fac- 
tories where  vegetables  or  grain  are  prepared  for 
canning  and  in  which  no  machinery  is  operated'* 
constitute  an  exception  to  the  last  provision. 


280  SOCIAL  LEGISLATION  IX  IOWA 

The  enforcement  of  the  act  is  left  to  the  Commis- 
sioner of  the  Bureau  of  Labor  Statistics,  and  he,  his 
deputy,  factory  inspectors,  or  any  other  authorized 
person  has  the  right  to  inspect  all  places  where  chil- 
dren are  employed  and  bring  action  in  court  in  case 
the  law  is  found  to  have  been  violated.  Lists  of  the 
names  of  all  employees  under  sixteen  years  of  age  in 
the  industries  named  must  be  conspicuously  posted 
in  the  establishment.  For  false  statements  in  rela- 
tion to  any  of  the  provisions  of  the  act,  for  refusing 
or  hampering  inspection,  or  for  any  other  violation 
the  penalty  is  a  maximum  fine  of  one  hundred  dollars 
or  thirty  days  imprisonment  in  the  county  jail. 

An  amendment  in  1909  specifies  that  authentic 
proof  of  the  age  of  a  child  employed  may  be  required 
of  the  employer  and  if  such  information  can  not  be 
furnished  the  child  shall  forthwith  be  dismissed."^" 

Closely  allied  and  constituting  the  most  effective 
method  of  mitigating  child  labor  are  the  laws  on  the 
subject  of  compulsory  education.  It  was  not  until 
1902  that  the  legislature  of  Iowa  saw  fit  to  enact  a 
law  of  this  character.*'^"  In  that  year  it  was  decreed 
that  anyone  having  control  of  a  child  between  the 
ages  of  seven  and  fourteen  years,  inclusive,  and  in 
proper  physical  and  mental  condition,  should  cause 
such  child  to  attend  some  public,  private,  or  paro- 
chial school  for  twelve  consecutive  weeks  a  year  or 
be  liable  to  a  fine  of  from  three  to  twenty  dollars  for 
each  offense.  Exceptions  were  to  be  made  in  case 
the  school  was  more  than  two  miles  away  and  public 


LEGISLATION  AFFECTING  LABORERS      281 

conveyance  was  not  furnished,  or  in  case  the  child 
was  excused  for  cause  by  a  court  of  record  or  a  judge 
thereof. 

All  eases  of  truancy  were  to  be  reported  to  the  sec- 
retary of  the  scliool  corporation.  Truant  schools 
for  the  instruction  of  habitually  truant  children,  and 
truant  officers  to  apprehend  and  take  into  custody 
truant  children,  if  need  be,  were  authorized,  but  not 
required,  in  each  school  district.  School  boards 
were  allowed  to  resort  to  methods  of  punishment  for 
habitual  truants.  It  was  made  the  duty  of  the  school 
directors,  president  of  the  board  of  directors,  or  tru- 
ant officers  to  enforce  the  law,  and  any  lapse  in  ful- 
filling their  duty  for  more  than  thirty  days  after  be- 
ing notified  of  a  case  of  truancy  by  any  citizen  of 
the  district,  placed  them  in  jeopardy  of  a  fine  of  not 
less  than  ten  or  more  than  twenty  dollars. 

For  the  sake  of  facilitating  the  enforcement  of 
compulsory  education,  the  school  census  was  to  con- 
tain the  number  of  children  between  seven  and  four- 
teen years  of  age. 

Some  obvious  defects  of  this  initial  act  were  rem- 
edied by  the  next  General  Assembly  when  the  re- 
quired period  of  school  attendance  was  changed  to 
''sixteen  (16)  consecutive  school  weeks  in  each 
school  year,  commencing  with  the  first  week  of  school 
after  the  first  day  of  September,  unless  the  board  of 
school  directors  shall  determine  upon  a  later  date 
which  date  shall  not  be  later  than  the  fii'st  ^Monday 
in  December."  In  school  corporations  with  a  pop- 
ulation of  20,000  or  over  the  appointment  of  truant 


282  SOCIAL  LEGISLATION  IN  IOWA 

officers  became  compulsory.^^^  In  1907  the  county 
superintendent  of  schools,  as  well  as  any  citizen  of 
the  district,  was  permitted  to  file  notice  of  any  viola- 
tion of  the  law.«^2 

The  attendance  requirement  was  increased  from 
sixteen  to  twenty-four  weeks  by  the  Thirty-third 
General  Assembly,  and  boards  of  directors  in  cities 
of  the  first  and  second  classes  may  now  require  at- 
tendance for  the  entire  time  during  which  schools 
are  in  session  in  any  school  year.  In  cities  of  the 
second  class  and  in  towns  the  marshal  or  a  police 
officer  may  be  engaged  as  truant  officer  and  paid 
in  addition  to  his  regular  salary  a  sum  not  to  ex- 
ceed five  dollars  a  month.  A  child  is  excused  from 
attending  school  ''while  attending  religious  service 
or  receiving  religious  instruction. ' '  "^^ 

The  last  piece  of  legislation  on  this  subject  was 
enacted  by  the  Thirty-fifth  General  Assembly  and 
purports  to  raise  the  age  limit  for  compulsory  school 
attendance  to  sixteen  years.®-*  This  provision,  how- 
ever, is  not  to  apply  to  children  over  fourteen  years 
of  age  who  are  regularly  employed  or  possess  an  ed- 
ucation equivalent  to  that  obtained  by  having  fin- 
ished the  eighth  grade.  The  school  census  must 
now  include  a  list  of  all  children  between  seven  and 
sixteen  years  of  age. 

Another  recent  movement  relating  inversely,  yet 
potentially,  to  the  solution  of  both  the  child  labor 
and  the  compulsory  school  attendance  problems  in 
so  far  as  both  aim  at  ultimate  good  citizenship,  is  the 


LEGISLATION  AFFECTING  LABORERS      283 

movement  for  establishing  supervised  playgrounds. 
School  corporations  were  given  authority  in  1913  to 
acquire  real  estate  to  the  extent  of  five  acres  for 
playground  and  other  purposes,  and  independent 
school  districts  may  become  indebted  for  land  addi- 
tional to  the  site  already  owned."" 

School  boards  in  cities  of  the  first  and  second 
classes,  in  special  charter  cities,  and  in  cities  under 
the  commission  plan  of  government  are  authorized 
to  establish  and  maintain  in  the  buildings  and  public 
school  grounds  under  their  custody  and  manage- 
ment, public  recreation  places  and  playgrounds  with- 
out charge  to  the  residents  of  that  school  district.®^* 
They  may  also  cooperate  with  the  city  officials  and 
commissioners  in  charge  of  public  parks  and  build- 
ings, and  provide  the  super\dsion,  oversight,  and  in- 
struction necessary  in  those  places. 

The  school  board  may  or,  upon  the  petition  of 
twenty-five  percent  of  the  voters  at  the  last  school 
election,  must,  submit  the  question  of  a  tax  levy  for 
playgrounds.  The  rate  of  the  tax,  however,  may 
not  exceed  two  mills  on  the  dollar  of  the  assessed 
value  of  the  property  subject  to  taxation  in  the  dis- 
trict, and  is  levied  and  collected  in  the  same  manner 
as  any  school  tax.  Once  approved  the  playground 
tax  is  levied  and  collected  annually  until  the  people 
order  its  discontinuance. 

The  city  council  or  commissioners  may  appropri- 
ate any  reasonable  sums  from  the  general  funds  of 
the  city  for  playgrounds  and  the  school  board  may 
accept  any  sums  of  money  appropriated  and  turned 
over  by  the  city  for  this  purpose. 


XV 

LEGISLATION  PERTAINING  TO  PUBLIC 
HEALTH 

The  laws  passed  during  the  last  seventeen  years 
regulating  the  payment  of  the  expenses  of  quaran- 
tine are  strikingly  ephemeral  and  indicative  of  the 
chaotic  condition  of  the  whole  body  of  legislation 
governing  the  administration  of  matters  pertaining 
to  the  public  health.  In  the  Code  of  1897  there  is  no 
special  method  of  paying  quarantine  expenses.  Pre- 
sumably payment  was  made  in  the  same  manner  as 
other  expenses  of  local  boards  were  met,  that  is,  by 
the  town,  city,  or  township  as  the  case  might  be. 

But  in  1902  quarantine  expenses  were  authorized 
to  be  paid  by  the  county  in  the  first  instance,  and  a 
tax  was  then  to  be  levied  on  the  town,  city,  or  town- 
ship for  reimbursement.'^"''  The  next  General  As- 
sembly, however,  repealed  this  arrangement,"'^  and 
the  act  containing  this  repeal  was  repealed  by  the 
following  General  Assembly,  which  in  a  substitute 
act  established  a  scheme  whereby  the  county,  having 
settled  quarantine  bills  audited  by  the  local  health 
boards,  could  levy  taxes  to  reimburse  itself  only  to 
the  extent  of  one-third. "^^  Thus  the  law  remained 
until  1909  when  for  the  third  time  the  act  of  1902 
was  repealed,  as  well  as  the  scheme  of  1906.     In  fact 

284 


LAWS  PERTAINING  TO  PUBLIC  HEALTH   285 

all  the  expenses  of  local  boards  of  health  were  or- 
dered henceforth  to  be  paid  from  the  county  poor 
fund,  except  where  the  person  or  persons  liable  for 
the  support  of  an  individual  or  individuals  under 
quarantine  are  financially  able  to  secure  proper  care 
and  attention."^" 

In  1900  the  State  was  divided  into  eight  health  dis- 
tricts, seven  of  which  were  represented  by  the  seven 
physicians  on  the  Board  of  Health."^^ 

A  far-reaching  privilege  was  given  to  the  State 
Board  of  Health  in  1902  when  it  was  authorized  to 
exercise  the  powers  of  local  boards  of  health  in  order 
to  enforce  any  of  its  rules  and  regulations,  and  the 
expense  of  such  action  was  to  be  paid  in  the  same 
manner  as  though  it  was  the  work  of  the  local 
board.®^^  The  same  General  Assembly  appropriated 
$7000  for  the  use  of  the  State  Board  of  Health  in 
destroying  and  replacing  all  property  infected  with 
contagious  disease  among  the  Indians  in  Tama 
County."^^ 

The  time  for  the  semi-annual  meetings  of  the  State 
Board  of  Health  was  changed  in  1904  from  May  and 
November  to  July  and  January."^*  The  secretary 
of  the  Board  has  been  required  since  1909  to  furnish 
local  boards  wdth  all  the  rules  and  regulations 
passed  by  the  State  Board,"^^  and  in  1911  his  max- 
imum salary  was  raised  to  $3000  a  year."^^ 

The  most  radical  change  in  regard  to  the  State 
Board  of  Health  occurred  in  1913.  By  an  act  of  the 
Thirty-fifth  General  Assembly  a  board  of  appoint- 
ment, consisting  of  the  Governor,  Secretary  of  State, 


286  SOCIAL  LEGISLATION  IN  IOWA 

and  State  Auditor,  was  created.  In  tlieir  hands  is 
placed  the  appointment  of  a  secretary  of  the  State 
Board  of  Health  for  a  term  of  five  years,  who  be- 
comes the  executive  officer  and  Commissioner  of 
Public  Health,  with  authority  in  all  matters  under 
the  control  of  the  Board  of  Health  and  other  de- 
partments having  to  do  with  the  health  and  life  of 
the  citizens  of  the  State.''" 

The  membership  of  the  Board  of  Health,  likewise 
chosen  by  the  board  of  appointment,  was  reduced  to 
five  persons  —  one  civil  and  sanitary  engineer  and 
four  physicians,  not  more  than  three  of  whom  shall 
belong  to  the  same  political  party  nor  more  than  two 
of  whom  shall  be  from  the  same  school  of  medical 
practice.  With  the  exception  of  the  civil  and  san- 
itary engineer,  whose  salary  was  to  be  fixed  by  the 
board  of  appointment  at  a  sum  not  exceeding  eight 
dollars  a  day  nor  $2500  a  year,  the  compensation  of 
the  members  of  the  Board  of  Health  was  set  at  $900 
a  year  and  transportation  expenses.  Members  of 
the  Executive  Council  became  ex  officio  members  of 
the  Board  of  Health  with  the  special  function  of  ap- 
proving the  expenditures.  The  arrangement  for  dis- 
tricting the  State  was  repealed  by  the  same  act. 
Significant  of  the  centralization  of  the  control  of 
public  health  matters  is  the  provision  that  the  State 
Board  shall  have  power  to  enforce  sanitary  regula- 
tions in  a  locality  if  petitioned  to  do  so  by  five  or 
more  citizens  of  the  locality.^^* 


LAWS  PERTAINING  TO  PUBLIC  HEALTH   287 

CONTAGIOUS  AND   INFECTIOUS   DISEASES 

Inoculation  as  a  preventative  of  contagious  and  in- 
fectious diseases  is  gaining  more  and  more  favor. 
It  was  not  remiss  then  that  an  antitoxin  department 
was  established  in  1911  ''for  the  purpose  of  furnish- 
ing antitoxin  to  the  people  of  the  state  of  Iowa". 
The  State  Board  of  Health  was  authorized  to  estab- 
lish distributing  stations  so  as  to  ''enable  physicians, 
druggists  and  other  persons  to  secure  the  'Iowa 
state  board  of  health  antitoxin'  [as  it  is  labeled]  at 
the  reduced  rates".  To  this  end  $2000  a  year  is  ap- 
propriated.^^^ 

An  infected  person  may  not  be  removed  from  a 
place  without  the  written  consent  of  the  local  board 
of  health  of  the  city,  town,  or  township  to  which  he 
wishes  to  go.  But  should  a  person  be  contagiously 
ill  in  a  city,  town,  or  township  not  more  than  fifteen 
miles  from  his  place  of  residence,  if  he  chooses  he 
may  be  taken  home  in  a  private  conveyance  bedecked 
with  a  yellow  flag,  traveling  along  the  least  traveled 
highways  and  accompanied  by  a  health  officer.  The 
expenses  of  quarantine  and  care  in  the  first  instance 
are  paid  by  the  city,  town,  or  township  from  which 
the  patient  is  removed,  and  in  the  second  by  the  city, 
town,  or  township  to  which  he  goes.  Conduct  con- 
trary to  this  act  is  punishable  by  a  maximum  fine  of 
one  hundred  dollars,  by  imprisonment  for  thirty 
days,  or  both."" 

The  Laivs  of  1902  provide  that  the  healtli  officer  of 
a  municipality  which  is  allowed  to  maintain  a  pest- 
house  outside  its  limits  shall  have  exclusive  juris- 


288  SOCIAL  LEGISLATION  IN  IOWA 

diction  and  control  of  it  and  that  disputes  as  to  the 
location  of  pest-houses  shall  be  settled  by  a  com- 
mittee of  three  appointed  by  the  president  of  the 
State  Board  of  Health.*'*^ 

In  revising  the  regulations  for  the  care  of  an  in- 
fected person  the  Twenty-ninth  General  Assembly 
took  cognizance  of  the  support  of  persons  in  pest- 
houses  or  detention  hospitals,  by  providing  that  the 
expense  should  be  equitably  apportioned  among  all 
of  the  patients,^*-  This  law  was  repealed  and  re- 
written again  in  1906,  and  the  apportionment  scheme 
was  omitted ;  "^^  while  in  1909  the  final  rewriting 
named  scarlet  fever,  smallpox,  diphtheria,  cholera, 
leprosy,  cerebro-spinal  meningitis,  and  bubonic 
plague  as  diseases  for  which  a  quarantine  should  be 
established  or  fumigation  required.*'**  Anterior 
poliomyelitis  (infantile  paralysis)  was  included  in 
1911  and  the  fumigation  requirement  removed,  ex- 
cept that  premises  where  there  is  a  death  from  tuber- 
culosis must  be  disinfected."*^ 

The  Thirty-fifth  General  Assembly  declared  syph- 
ilis and  gonorrhea  to  be  contagious  and  infectious 
diseases.  Every  practicing  physician  of  Iowa  must 
report  to  the  local  board  of  health  within  twenty- 
four  hours  every  case  that  comes  to  his  knowledge 
and  preserve  a  record  of  those  cases  numbered  con- 
secutively. The  report  states  the  sex,  approximate 
age,  character  of  the  disease,  probable  source, 
whether  previously  reported  or  not,  but  does  not 
disclose  the  name  of  the  person.  Failure  on  the 
part  of  a  physician  to  comply  with  this  requirement 


LAWS  PERTAINING  TO  PUBLIC  HEALTH   289 

may  moan  a  fine  of  one  hundred  dollars  or  a  sentence 
to  the  county  jail  for  thirty  days;  wliilc  tlie  State 
Board  of  Health  may  revoke  his  license  to  practice. 
Any  person  afflicted  with  syphilis  or  gonorrhea  who 
knowingly  transmits  or  assumes  the  risk  of  trans- 
mitting the  diseases  to  another  person  by  inter- 
course may  be  fined  to  the  extent  of  $500,  imprisoned 
for  a  year  in  the  county  jail,  or  both  fined  and  im- 
prisoned. Besides  he  is  liable  to  the  party  injured 
for  damages,®*® 

The  requirement  that  hotel  beds  be  furnished  with 
white  cotton  or  linen  pillow  slips  and  two  sheets 
ninety-six  inches  long  and  wide  enough  to  cover  the 
mattress,  that  they  must  be  washed  and  ironed  after 
each  succeeding  guest,  that  all  bed  clothes  must  be 
aired  and  kept  clean,  and  that  if  any  room  becomes 
infested  with  vermin  it  must  be  renovated  until  the 
pest  is  exterminated,  is  a  recent  measure  guarding 
against  the  spread  of  disease.®*^ 

The  annual  appropriation  devoted  to  the  suppres- 
sion of  disease  among  live  stock  was  increased  in 
1898  from  $3000  to  $5000.®'''  The  compensation  of 
the  State  Veterinary  Surgeon  was  changed  to  an  an- 
nual salary  of  $1800  in  1907  and  allowance  was  made 
for  a  secretary  at  $750  a  year.  At  the  same  time 
local  health  boards  were  permitted  to  notify  the 
State  Veterinary  Surgeon  dir(>ctly  of  the  presence  of 
contagious  disease  among  domestic  animals.  The 
Executive  Council,  rather  than  the  Governor,  must 
now  approve  the  destruction  of  stock.®"*^ 

In  1906  the  State  Veterinary  Surgeon  was  charged 


290  SOCIAL  LEGISLATION  IN  IOWA 

with  the  enforcement  of  the  law  prohibiting  the  en- 
trance into  the  State  of  any  registered  cattle  for 
breeding  or  dairy  purposes  not  accompanied  with 
papers  certifying  that  they  have  been  subjected  to 
the  tuberculine  test  within  sixty  days  previous  and 
are  free  from  disease.  In  lieu  of  such  a  certificate 
cattle  may  be  quarantined  and  inspected  at  the  ex- 
pense of  the  owner.  For  violating  this  law  a  person 
is  subject  to  be  fined  to  the  extent  of  one  hundred 
dollars,  imprisoned  for  thirty  days,  or  both  fined 
and  imprisoned.*'^" 

TUBEECULOSIS 

Throughout  the  United  States  there  has  of  late 
years  been  waged  a  serious  fight  against  the  great 
white  plague,  tuberculosis.  It  was  in  1904  that  the 
General  Assembly  saw  fit  to  empower  the  Board  of 
Control  to  "investigate  the  extent  of  tuberculosis  in 
Iowa  and  the  best  means  of  prevention  and  treat- 
ment of  the  disease".  An  appropriation  of  $1000 
was  made  to  determine  the  actual  results  of  care  and 
treatment.^^^ 

Following  the  report  of  the  Board  of  Control  the 
Thirty-first  General  Assembly  established  a  State 
Sanitarium  for  the  ''care  and  treatment  of  persons 
afflicted  with  incipient  pulmonary  tuberculosis". 
The  institution  was  placed  under  the  supervision  of 
the  Board  of  Control,  and  that  body  was  to  appoint 
a  superintendent  and  other  officers.  There  was  ap- 
propriated $50,000  for  the  purchase  of  not  less  than 
one  hundred  and  sixty  acres  of  land  and  the  erection 
of  buildings  and  accommodations  for  one  hundred 


LAWS  PERTAINING  TO  PUBLIC  HEALTH   291 

patients.  Examining  physicians  in  various  locali- 
ties of  the  State  were  to  be  appointed  by  the  Board 
of  Control  and  allowed  to  charge  the  applicant  for 
admission  to  the  hospital  three  dollars  for  his  exam- 
ination. Only  bona  fide  residents  of  the  State  af- 
flicted with  incipient  pulmonary  tuberculosis,  ac- 
cording to  the  statement  of  the  examining  physician, 
who  show  a  reasonable  probability  of  satisfactory 
improvement  may  be  admitted. 

It  was  determined  that  twenty  dollars  a  month 
should  be  the  maximum  per  capita  support,  but  if 
the  average  number  of  patients  per  month  should 
fall  below  two  hundred,  the  institution  was  to  be  ac- 
credited ^\dth  $4000  regardless  of  its  population. 
All  patients  able  to  pay  were  to  be  charged  such  a 
rate  monthly  as  the  Board  of  Control  should  fix. 
The  expense  of  transportation  and  treatment  of  any 
one  not  able  to  pay  was  to  be  met  by  the  State.^'- 

The  next  General  Assembly  changed  the  name  to 
''sanatorium",  and  at  the  suggestion  of  the  Board 
of  Control  raised  the  per  capita  support  to  thirty 
dollars  a  month.  To  complete  the  equipment  of  the 
institution  $50,000  more  was  appropriated  and  $5000 
annually  was  to  be  set  aside  and  used  by  the  Board 
of  Control  for  the  collection  and  dissemination  of 
information  regarding  tuberculosis.  The  Board 
was  also  advised  to  stimulate  the  establishment  of 
hospitals  or  dispensaries  in  various  counties  and 
large  cities  for  the  care  of  patients  in  advanced 
stages  of  the  disease,*^^  The  maximum  per  capita 
monthly  allowance  was  increased  to  forty-five  dol- 


292  SOCIAL  LEGISLATION  IN  IOWA 

lars  in  1913,  but  the  aggregate  allowance  remained 
at  $4000.«^* 

The  Thirty-fifth  General  Assembly  also  author- 
ized the  treatment  of  advanced  cases  of  tuberculosis 
at  the  State  Sanatorium  and  provided  $5000  for  the 
purpose.  By  the  same  act  each  county  was  made 
liable  for  the  support  of  its  own  patients  and  the 
board  of  supervisors  was  in  turn  empowered  to  col- 
lect payment  from  the  patients  or  the  persons  legally 
bound  for  their  support.®^^ 

The  first  instance  of  the  regulation  of  local  treat- 
ment of  tuberculosis  appeared  in  1909  when  county 
hospitals  were  authorized  to  maintain  a  department 
for  that  purpose.  The  board  of  supervisors  may 
contract  with  the  board  of  county  hospital  trustees 
for  the  care  of  indigent  tubercular  persons.^^" 

The  Thirty-fourth  General  Assembly  required  the 
individual  in  charge  of  the  funeral  of  a  person  dying 
of  tuberculosis  to  report  to  the  mayor  or  township 
clerk  the  name  and  residence  of  the  deceased  person. 
The  mayor  or  clerk  must  then  see  that  the  premises 
are  properly  disinfected.^" 

Finally,  the  last  General  Assembly  authorized 
county  boards  of  supervisors  to  undertake  the  seg- 
regation, care,  and  support  of  indigent  persons  af- 
flicted with  advanced  cases  of  tuberculosis,  and  to 
that  end  they  were  allowed  to  spend  fifteen  dollars 
a  week  for  the  maintenance  of  each  patient  in  some 
suitable  institution.  The  sum  of  $5000  in  counties 
with  a  population  of  15,000  and  $2000  in  counties 
with  a  population  less  than  that,  may  be  used  to 


LAWS  PERTAINING  TO  PUBLIC  HEALTH   293 

build  or  secure  a  suitable  place  for  the  treatment  of 
such  persons.®'^* 

VITAL   STATISTICS 

The  seventeen  years  which  have  elapsed  since  the 
Code  of  1897  was  adopted  have  failed  to  give  Iowa 
a  system  of  vital  statistics  worthy  of  the  name.  In- 
deed, only  twenty-three  States  have  statistics  on 
deaths  and  only  eight  on  births  that  can  be  used  by 
the  Federal  Census  Bureau.  All  States  now  require 
marriage  certificates,  but  there  is  much  disparity  in 
thoroughness  in  the  reporting  of  ceremonies  per- 
formed: out  of  the  twenty-five  States  providing  for 
State  registration  of  marriages  only  eight  furnish 
figures  that  can  be  used.^^^ 

Iowa  took  a  step  in  the  right  direction  in  1904, 
when  the  State  Board  of  Health  was  constituted  reg- 
istrar of  vital  statistics  ''for  the  complete  and  prop- 
er registration  of  births  and  deaths  for  legal,  san- 
itary and  statistical  purposes".*^''"  Health  officers  of 
cities  and  clerks  of  townships  were  required  to  act 
as  local  registrars,  and  sub-registrars  were  to  be  ap- 
pointed by  the  Board  of  Health.  The  person  in 
charge  of  a  funeral  was  required  to  file  a  statement 
of  the  death  with  the  local  registrar  and  obtain  a 
burial  or  removal  permit  before  interment  could  take 
place.  Certificates  of  birth  made  out  by  the  person 
attending,  the  parent,  or  some  other  responsible  per- 
son were  to  be  filed  with  the  local  registrar  within 
ten  days.  Local  registrars  in  their  turn  were  to 
make  monthly  reports  to  the  State  Board  of  Health. 

The  compensation  of  local  registrars  was  at  the 


294  SOCIAL  LEGISLATION  IN  IOWA 

rate  of  twenty-five  cents  for  each  certificate  of  birth 
or  death  transmitted  to  the  Secretary  of  State.  Sub- 
registrars  received  ten  cents  for  each  certificate 
filled  out  by  them.  In  cities  of  over  10,000  popula- 
tion, however,  no  compensation  aside  from  his  salary 
was  allowed  the  health  officer  for  his  services  as  local 
registrar. 

Failure  to  register  a  birth  or  death  constituted  a 
misdemeanor  punishable  by  a  fine  of  from  five  to  one 
hundred  dollars,  imprisonment  for  sixty  days,  or 
both  the  fine  and  the  imprisonment. 

The  next  General  Assembly  (1906)  repealed  all 
previous  law^s  regulating  vital  statistics  and  passed  a 
new  act.  At  this  time  the  secretary  of  the  State 
Board  of  Health  w^as  made  State  Registrar  of  Vital 
Statistics.  Deaths  were  to  be  certified  by  the  per- 
son in  charge  of  the  funeral  directly  to  the  State 
Registrar  each  month,  but  births  were  to  be  reported 
by  the  assessor  each  year  to  the  clerk  of  the  district 
court,  where  thej^  were  recorded.  The  State  Reg- 
istrar rather  than  the  Secretary  of  State  was  to  fur- 
nish the  necessary  report  blanks.  Transcripts  of 
death  certificates  were  to  be  bound  and  deposited  in 
the  State  Historical  Building  at  Des  Moines,  while 
copies  of  the  certificates  for  each  county  w^ere  to  be 
turned  over  to  the  clerk  of  the  district  court.  The 
clerk  of  the  district  court  was  also  required  to  keep 
a  record  of  all  marriages  and  divorces  in  the  county 
and  to  report  them  each  year,  together  with  the  birth 
record,  to  the  State  Registrar.  To  defray  expenses 
the  sum  of  $2500  was  appropriated  and  the  secre- 


LAWS  PERTAINING  TO  PUBLIC  HEALTH    295 

tary  of  tho  State  Board  of  Health  was  allowed  twen- 
ty-five dollars  a  month  for  his  services  as  State  Rej<- 
istrar.  Except  that  the  minimum  fine  was  increased 
to  ten  dollars  the  penalty  for  non-feasance  remained 
unaltered.*®^ 

Two  amendments  were  made  in  1907,  and  thus  the 
law  stands  to-day.  Assessors  were  required  to  re- 
port deaths  as  well  as  births  each  year  to  the  clerk 
of  the  district  court,  and  an  annual  appropriation  of 
$2000  for  expenses  was  provided ;  wdiile  the  extra 
compensation  of  the  State  Registrar  was  discon- 
tinued.®''- 

HOSPITALS 

Aside  from  establishing  hospitals  for  the  care  of 
certain  defective  classes  there  was  no  activity  in 
Iowa  along  the  line  of  providing  suitable  places  for 
the  care  of  diseased  people  up  to  1906.  The  Thirty- 
first  General  Assembly  passed  an  act  giving  cities 
with  a  population  of  12,500  or  over  power  to  main- 
tain a  hospital.^^^  This  right  was  extended  to  cities 
of  over  5000  population  a  year  later.*®*  The  ques- 
tion of  a  tax  levy  to  carry  out  the  purpose  of  the  act 
must  be  submitted  to  a  vote  of  the  people  of  the  city 
at  an  election  and  the  tax  rate  is  limited  to  three 
mills  on  the  dollar  in  cities  of  over  22,000  population 
and  to  two  mills  in  those  between  5000  and  22,000. 
City  bonds  may  be  issued  in  anticipation  of  the  col- 
lection of  the  tax.  Five  percent  of  the  general  fund 
of  the  cities  exercising  this  right  may  be  annually 
appropriated  for  improvements  and  maintenance. 
Cities  of  the  second  class  may  become  indebted  for  a 


296  SOCIAL  LEGISLATION  IN  IOWA 

city  hospital  to  the  extent  that  the  aggregate  in- 
debtedness of  the  city  does  not  exceed  two  and  one- 
half  percent  of  the  actual  value  of  the  property 
therein.  Such  hospitals  are  under  the  control  of  a 
board  of  three  trustees  elected  for  a  term  of  six 
years,  serving  without  compensation. 

In  1907  it  was  made  unlawful  to  erect,  establish,  or 
maintain  a  maternity  hospital  "within  two  hundred 
feet  of  any  church  building,  university,  school  or 
other  institution  of  learning,  or  public  park,  or  in  a 
building  situated  within  75  feet  of  premises  owned 
by  another ' ',  or  anywhere  within  the  State  w^ithout  a 
written  permit  from  the  State  Board  of  Health.  A 
fee  of  twenty-five  dollars  is  charged  for  the  permit, 
w^hich  must  be  renewed  from  year  to  year  at  a  cost 
of  five  dollars  for  each  renewal.  Provision  is  made 
for  the  registration  of  patients,  births,  deaths,  and 
the  adoption  and  disposal  of  children  in  accordance 
with  articles  of  adoption,  and  for  inspection  by  the 
State  or  local  boards  of  health.  Violation  of  the 
provisions  of  this  act  constitutes  a  misdemeanor 
punishable  by  a  maximum  fine  of  $250,  confinement 
in  the  county  jail  for  six  months,  or  both;  and  any 
premises  used  contrary  to  these  regulations  may  be 
declared  a  nuisance  and  treated  accordingly.*^*'^ 

It  remained  for  the  Thirty-third  General  Assem- 
bly to  permit  and  regulate  the  establishment  of  coun- 
ty hospitals.  The  question  of  voting  a  tax  to  estab- 
lish a  county  hospital  must  be  submitted  at  an  elec- 
tion if  petitioned  for  by  two  hundred  residents  of 
the  county,  one  hundred  and  fifty  of  whom  live  in 


LAWS  PERTAINING  TO  PUBLIC  HEALTH    297 

the  city  where  it  is  to  be  situated.  The  rate  may  not 
exceed  two  mills  on  the  dollar  nor  may  the  tax  levy 
continue  for  more  than  twenty  years.  A  county 
bond  issue  for  hospital  purposes  is  permissible.  In 
addition  to  the  hospital  fund  counties  were  allowed 
by  the  original  act  to  appropriate  five  percent  of  the 
general  funds  for  improvement  and  maintenance, 
but  this  provision  was  amended  in  1913  to  the  effect 
that  an  annual  tax  sufficient  to  cover  the  expenses  of 
improvement  and  maintenance,  but  not  over  one  mill 
on  the  dollar,  should  be  the  method  of  meeting  these 
disbursements.^'"'  Such  public  hospitals  are  under 
the  control  of  a  board  of  seven  trustees,  three  of 
whom  are  women,  serving  without  compensation.  A 
training  school  for  nurses,  a  room  for  the  detention 
and  examination  of  the  insane,  and  facilities  for  the 
treatment  of  tuberculosis  are  maintained.  These 
hospitals  must  be  held  open  to  all  classes  alike  and 
without  discrimination  against  legal  practitioners  of 
medicine.  Paupers  of  the  county  may  be  cared  for 
without  charge.  The  board  of  trustees  fixes  the  rate 
of  payment  for  the  treatment  of  patients.*^"' 

PUEE  FOOD  AND  DRUGS 

In  1902  the  reports  made  to  the  Dairy  Commission- 
er by  persons  manufacturing  or  selling  dairy  prod- 
ucts were  required  to  be  made  within  thirty  days 
after  receiving  the  proper  blanks;  and  a  penalty  of 
from  twenty-five  to  one  hundred  dollars  fine  or  thirty 
days  imprisonment  for  violation  was  established.®*** 

With  the  creation  of  the  Department  of  Agricul- 


298  SOCIAL  LEGISLATION  IN  IOWA 

ture  in  1900,  the  Dairy  Commissioner  became  ex 
officio  a  member  of  the  State  Board  of  Agriculture. 
The  General  Assembly  authorized  the  employment 
of  an  office  deputy  at  a  salary  of  $1000  a  year  and  an 
Assistant  Dairy  Commissioner  with  the  same  com- 
pensation, the  latter  to  be  appointed  by  the  Dairy 
Commissioner  with  the  approval  of  the  president  of 
the  Iowa  State  College  of  Agriculture  and  Mechanic 
Arts,  the  director  of  the  Iowa  experiment  station, 
and  the  professor  of  dairying.  The  two  former  of- 
ficers replaced  the  clerk.  They  were  allowed  actual 
traveling  expenses.^*^^  Provision  was  made  for  two 
Assistant  Dairy  Commissioners  in  1904  and  their 
salaries,  as  well  as  that  of  the  office  deputy,  were 
raised  to  $1200  a  year.*^^°  Three  years  later  the 
stipend  for  each  was  made  $1400,'*''^ 

The  Thirty-first  General  Assembly  wrought  con- 
siderable change  in  the  status  of  the  Department. 
The  State  Dairy  Commissioner  became  the  State 
Food  and  Dairy  Commissioner  on  account  of  the 
more  stringent  provisions  enacted  at  the  same  time 
in  regard  to  food  other  than  dairy  products.  In 
addition  to  his  powers  and  duties  as  Dairy  Commis- 
sioner he  was  charged  Avith  the  enforcement  of  the 
new  regulations  and  received  an  additional  $500  in 
salary.  He  was  authorized  to  appoint  assistants 
with  powers  as  milk  inspectors  who  were  to  be  paid 
five  dollars  a  day  and  traveling  expenses  wdiile  on 
duty.  An  official  chemist  at  a  salary  of  $2000  a  year 
was  also  provided,  to  be  chosen  by  the  Commission- 
er.    County  attorneys  were  instructed  to  institute 


LAWS  PERTAINING  TO  PUBLIC  HEALTH   299 

proceedings  at  the  request  of  the  Commissioner  or 
]iis  assistants  and  should  any  county  attorney  refuse 
to  act  the  Goveraor  was  permitted  to  appoint  an 
attorney.  The  Executive  Council  was  given  general 
supervisory  power  over  the  Commissioner.  The 
sum  of  $10,000  annually  was  appropriated  for  the 
purpose  of  enabling  the  Commissioner  to  enforce  the 
provisions  of  the  new  act.**" 

The  Food  and  Dairy  Commissioner,  his  deputy, 
and  assistants  were  given  "full  access  to  all  places 
of  business,  factories,  buildings,  wagons  and  cars 
used  in  the  manufacture,  sale  or  transportation  with- 
in the  state  of  any  dairy  products  or  any  imitation 
thereof",  and  they  could  examine  and  inspect  any 
article  suspected  to  be  in  violation  of  the  law.  Any- 
one hindering  such  investigation  could  be  fined  not 
exceeding  one  hundred  dollars  or  put  in  jail  for  thir- 
ty days.  The  same  General  Assembly  appropriated 
$3500  for  the  equipment  of  a  laboratory  to  aid  in  the 
enforcement  of  the  pure  food  law.^" 

One  j^ear  later  (1907)  the  annual  appropriation 
for  the  enforcement  of  the  pure  food  laws  was  in- 
creased from  $10,000  to  $15,000,  and  the  inspection 
of  paints  and  oils,  concentrated  commercial  feeding 
stuffs,  and  agricultural  seeds  was  added  to  the  duties 
of  the  Food  and  Dairy  Commissioner.®'*  His  power 
of  enforcing  the  laws  pertaining  to  pure  oils  was 
broadened  in  1911.®" 

The  only  law  passed  by  the  Thirty-third  General 
Assembly  affecting  the  Food  and  Dairy  Commis- 
sioner was  that  which  included  him  among  the  ap- 


300  SOCIAL  LEGISLATION  IN  IOWA 

pointive  State  officers  who  can  be  removed  for  cer- 
tain causes  by  a  majority  vote  of  the  Executive 
Council."'*' 

In  1911  there  was  a  general  rewriting  of  the  law 
regulating  the  affairs  of  this  Department,  but  no 
radical  changes  were  effected.  The  title  of  the  Com- 
missioner was  changed  to  State  Dairy  and  Food 
Commissioner.  His  salary  was  raised  from  $2000 
to  $2700  a  year  and  the  limit  of  his  expense  account 
was  increased  from  $3000  to  $4500.  The  salary  of 
the  deputy  commissioner  was  raised  from  $1400  to 
$1800  a  year  and  that  of  the  State  Chemist  from 
$2000  to  $2400.  In  addition  to  these  officers  the 
Commissioner  was  allowed  to  appoint  a  State  Dairy 
Inspector  at  a  salary  of  $1600  annually,  and  four  as- 
sistants, two  of  whom  were  to  receive  $1600  a  year 
and  two  $1400  a  year.®" 

The  Thirty-fifth  General  Assembly  strengthened 
the  power  of  the  Dairy  and  Food  Commissioner  by 
assigning  to  him  the  duty  of  inspecting  and  licensing 
bakeries,  candy  factories,  ice  cream  factories,  can- 
ning factories,  slaughter  houses,  and  meat  mar- 
kets.«" 

Two  new  safeguards  of  the  public  health  were 
established  by  the  Twenty-seventh  General  Assem- 
bly. One  law  provided  that  no  person  should  ' '  man- 
ufacture for  sale,  or  knowingly  sell  or  offer  to  sell 
any  candy  adulterated  by  the  admixture  of  terra 
alba,  barytes,  talc,  or  any  other  mineral  substance, 
by  poisonous  colors  or  flavors,  or  other  ingredients. 


LAWS  PERTAINING  TO  PUBLIC  HEALTH   301 

deleterious  or  detrimental  to  health."  Any  person 
who  should  violate  this  act  was  to  be  subject  to  a  fine 
of  not  more  than  one  hundred  nor  less  than  fifty  dol- 
lars. The  other  act  amended  the  section  in  the  Code 
of  1897  which  prohibited  the  sale,  giving  away,  or 
offering  for  sale  of  any  swine  that  have  died  of  a 
disease,  or  have  been  killed  on  account  of  disease,  by 
making  it  a  violation  of  the  law  to  buy  or  deal  in 
such  animals.*^^ 

The  Laws  of  1906  contain  three  acts  relative  to  the 
purity  of  milk  and  cream.  One  forbids  any  person 
to  manufacture,  or  purchase  for  the  purpose  of  con- 
verting into  a  product  of  human  food  any  impure  or 
adulterated  milk  or  cream  and  places  cream  in  the 
category  with  milk  and  skimmed  milk  as  an  article 
capable  of  adulteration  by  the  ''addition  of  water  or 
any  other  substance  or  thing".  Another  act  sets 
the  penalty  of  a  fine  of  from  twenty-five  to  one  hun- 
dred dollars  against  any  creamery-man  who  delivers 
any  skimmed  milk  witliout  it  being  pasteurized  at  a 
temperature  of  at  least  185  degrees  Fahrenheit. 
The  third  law  penalizes  by  a  fine  of  from  twenty-five 
to  one  hundred  dollars  the  misreading  or  manipula- 
tion of  milk  or  cream  tests.^*" 

Moreover,  in  1906  the  Thirty-first  General  Assem- 
bly defined  adulterated  food  as  follows : 

First.  If  any  substance  or  substances  has  or  have  been 
mixed  and  packed  with  it  so  as  to  reduce  or  lower  or  in- 
juriously affect  its  quality,  strength  or  purity. 

Second.  If  any  substance  or  substances  has  or  have  been 
substituted  wholly  or  in  part  for  the  article. 


302  SOCIAL  LEGISLATION  IN  IOWA 

Third.  If  any  valuable  constituent  of  the  article  has 
been  wholly  or  in  part  abstracted. 

Fourth.  If  it  be  an  imitation  of,  or  offered  for  sale,  un- 
der the  specific  name  of  another  article. 

Fifth.  If  it  be  mixed,  colored,  powdered  or  stained,  in 
a  manner  whereby  damage  or  inferiority  is  concealed. 

Sixth.  If  it  contains  any  added  poisonous  ingredient,  or 
any  ingredient  which  may  render  such  article  injurious  to 
health,  or  if  it  contains  saccharine  or  formaldehyde. 

Seventh.  If  it  be  labeled  or  branded  so  as  to  deceive,  or 
mislead  the  purchaser,  or  purport  to  be  a  foreign  product 
when  not  so. 

Eighth.  If  it  consist  of  the  whole  or  any  part  of  a  dis- 
eased, filthy,  decomposed  or  putrid  animal  or  vegetable  sub- 
stance, or  any  portion  of  an  animal  unfit  for  food,  whether 
manufactured  or  not,  or  if  it  is  the  product  of  a  diseased 
animal,  or  one  that  has  died  otherwise  than  by  slaughter. 

Candy  was  held  to  be  adulterated  if  it  contained 
''terra  alba,  barytes,  talc,  chrome  yellow,  or  other 
mineral  substances,  or  poisonous  colors  or  flavors, 
or  other  ingredients  deleterious  or  detrimental  to 
health".  Baking  powder,  mixtures,  compounds, 
combinations,  imitations  or  blends  were  to  be  labeled 
showing  the  exact  character  and  constituents.*'^^ 

The  same  law  prohibited  anew  the  manufacture  or 
sale  of  any  adulterated  foods  in  the  State  and  enact- 
ed a  provision  requiring  labels  to  be  printed  in  "leg- 
ible type  no  smaller  than  brevier  heavy  gothic  caps ' ', 
and  to  contain,  along  with  the  name  and  address  of 
the  manufacturer,  packer,  or  dealer,  a  full  statement 
of  the  composition  and  ingredients  of  the  article. 
Misbranding  was  defined  as  occurring  when  the  label 


LAWS  PERTAINING  TO  PUBLIC  HEALTH   303 

bore  a  false  or  misleading  statement  as  to  the  con- 
tents of  the  article  of  food,  the  place  of  manufacture, 
or  the  weight  or  quantity  contained.  These  provi- 
sions, however,  were  not  to  apply  until  July  1,  1907, 
to  goods  purchased  or  received  in  the  State  prior  to 
July  1,  1906;  and  the  following  General  Assembly 
(1907)  extended  the  exemption  in  the  case  of  canned 
corn  still  another  year.'^- 

In  1907  misbranding  was  defined  more  explicitly 
and  the  method  of  labeling  was  made  more  effective 
by  requiring  that  "the  name  and  quantity  or  propor- 
tion of  each  constituent"  be  displayed.  The  section 
on  labeling  was  rewritten  so  as  to  preclude  evasion.^^' 

In  regard  to  adulteration  the  Thirty-second  Gen- 
eral Assembly  decreed  that  vinegar  containing  any 
added  coloring  matter,  and  any  imitation  article  of 
food,  offered  for  sale,  under  the  name  of  another  ar- 
ticle, "if  it  does  not  conform  to  the  standards  estal)- 
lished  by  law"  are  adulterated.  The  law  proceeded 
to  establish  standards  of  quality  for  flavoring,  al- 
mond, anise,  celery  seed,  cassia,  cinnamon,  clove, 
ginger,  lemon,  terpeneless  lemon,  nutmeg,  orange, 
terpeneless  orange,  peppermint,  rose,  savory,  spear- 
mint, star  anise,  sweet  basil,  sweet  marjoram,  thyme, 
tonka,  vanilla,  and  wintergreen  extracts  and  for 
cider,  wine,  malt,  sugar,  glucose,  and  distilled  vin- 
egar. Standard  butter  was  required  to  contain 
eighty  percent  by  weight,  of  butter  fat.*^* 

The  Thirty-third  General  Assembly  esta])lished  a 
standard  for  oysters,  providing  that  they  must  con- 


304  SOCIAL  LEGISLATION  IN  IOWA 

tain  no  ice  and  not  more  than  sixteen  and  two-thirds 
percent,  by  weight,  of  free  liquid.^^^ 

The  Thirty-fourth  General  Assembly  defined  ice 
cream  as  the  frozen  product  of  sweet  cream  and 
sugar  containing  twelve  percent,  by  weight,  of  milk 
fat,  not  more  than  one  percent,  by  weight,  of  harm- 
less thickener,  and  three-tenths  of  one  percent  of 
acidity.  Fruit  and  nut  ice  cream  may  contain  not 
less  than  ten  percent,  by  weight  of  milk  fat.^^® 

The  law  in  regard  to  misbranding  and  adultera- 
tion was  rewritten  in  1911,  but  the  only  change  ef- 
fected was  in  a  proper  arrangement  of  offenses  un- 
der the  two  classes.  The  original  act  had  included 
instances  of  misbranding  as  adulterations,  and  up 
to  this  time  the  matter  had  been  allowed  to  remain 
in  such  a  state  of  confusion.  No  new  conditions  of 
misbranding  or  adulteration  were  imposed.^^^ 

The  Thirty-fifth  General  Assembly,  however, 
amended  the  section  defining  misbranding,  substitut- 
ing for  the  provision  that  a  label  should  contain  a 
correct  statement,  if  any,  of  the  weight  or  measure 
of  the  contents  of  the  package,  the  dictum  that  no 
person  should  sell  food  in  packages  unless  the  quan- 
tity is  conspicuously  marked  on  the  outside  in  terms 
of  weight,  measure,  or  numerical  count.®^^  The  ap- 
propriation for  the  enforcement  of  the  pure  food 
laws  was  raised  in  1911  from  $15,000  to  $21,000  an- 
nually.®^^ 

But  the  most  important  piece  of  pure  food  legisla- 
tion accomplished  by  the  Thirty-fourth  General  As- 
sembly was  the  act  regulating  the  quality  of  milk 


LAWS  PERTAINING  TO  PUBLIC  HEALTH    305 

and  cream.  The  old  laws  in  regard  to  the  sale  of 
milk,  misreading  tests,  labeling,  and  the  adulteration 
of  milk  were  repealed  and  in  lieu  thereof  new  provi- 
sions were  enacted.  Milk  and  cream  were  defined 
and  the  standard  for  whole  milk  was  changed  from 
twelve  and  one-half  percent  of  milk  solids  to  one 
hundred  pounds  to  twelve  percent ;  while  the  stand- 
ard for  cream  was  raised  from  fifteen  to  sixteen  per- 
cent of  milk  fat.  Skimmed  milk  w^as  required  to  be 
so  labeled.  The  payment  for  milk  or  cream  at  any 
test  was  made  prima  facie  evidence  that  such  test 
had  been  made.  Operators  of  milk  testers,  as  well 
as  persons  engaged  in  selling  milk,  were  compelled 
to  obtain  a  license,  after  having  passed  a  satisfac- 
tory examination  demonstrating  their  competency. 
The  penalty  for  violating  any  of  these  provisions  re- 
mained the  same,  with  the  exception  of  the  jail  sen- 
tence :  twenty-five  to  one  hundred  dollars  fine  or  thir- 
ty days  imprisonment.^®" 

Two  important  acts  were  passed  by  the  Thirty- 
fifth  General  Assembly  regulating  cold  storage  and 
the  sanitation  of  food-producing  establishments. 
The  first  defined  cold  storage  as  the  keeping  of  fresh 
meat,  fresh  fruit,  fish,  game,  poultry,  eggs,  butter, 
and  other  articles  intended  for  human  consumption 
in  a  place  artificially  cooled  to  a  temperature  below 
forty  degrees  Fahrenheit  for  a  period  exceeding  thir- 
ty days.  All  cold  storage  and  refrigerating  ware- 
houses are  required  to  be  licensed  annually  by  the 
State  Dairy  and  Food  Commissioner  and  to  be  kept 
in  a  sanitary  condition  satisfactory  to  the  Commis- 


306  SOCIAL  LEGISLATION  IN  IOWA 

sionor,  on  penalty  of  revocation  of  the  license.  They 
are  subject  to  inspection  at  any  time.  The  date  of 
the  receipt  and  removal  of  all  articles  must  be  re- 
corded and  stamped  on  the  containers;  reports  of 
the  quantity  of  food  held  in  storage  must  be  made 
quarterly  or  oftener  to  the  Dairy  and  Food  Commis- 
sioner; food  not  for  human  consumption  must  be 
plainly  marked;  and  no  diseased  or  tainted  food  is 
allowed  to  be  placed  in  cold  storage.  The  limit  of 
the  storage  period  is  twelve  months  unless  special 
extension  of  time  is  granted  by  the  Dairy  and  Food 
Commissioner.  Articles  once  removed  from  cold 
storage  may  not  be  re-stored.  Whenever  cold  stor- 
age goods  are  offered  for  sale  a  sign  to  that  effect 
must  be  displayed.  For  the  first  offense  of  violation 
there  is  established  a  fine  of  not  less  than  $25  or 
more  than  $100,  and  for  the  second,  from  $100  to 
$500  fine,  imprisonment  for  not  more  than  six 
months,  or  a  sentence  of  both  fine  and  imprisonment 
may  be  imposed.^®^ 

The  second  pure  food  law  of  the  Thirty-fifth  Gen- 
eral Assembly  seeks  to  establish  proper  conditions 
of  lighting,  draining,  plumbing,  and  ventilating  in  all 
bakeries,  confectioneries,  canneries,  packing  houses, 
slaughter  houses,  dairies,  creameries,  cheese  fac- 
tories, restaurants,  hotels,  groceries,  meat  markets, 
and  other  places  where  food  is  prepared  for  sale, 
manufacture,  packing,  storing,  or  distribution.®^- 
Such  food-producing  establishments  must  secure  an 
annual  license  from  the  State  Dairy  and  Food  Com- 
missioner, whose  duty  it  is  also  to  inspect  them  from 


LAWS  PERTAINING  TO  PUBLIC  HEALTH    307 

time  to  time  with  a  view  to  enforcing  the  regula- 
tions. All  equipment  and  all  the  surroundings  of 
the  food  must  be  kept  clean,  including  vehicles  used 
in  transportation.  The  walls  and  ceilings  in  every 
bakery,  confectionery,  creamery,  cheese  factory, 
hotel,  and  restaurant  kitchen  must  be  made  of  metal, 
cement,  or  other  suitable  material  and  the  floors  of 
all  food-producing  establishments  must  be  construct- 
ed of  non-absorbant  material  that  can  be  washed. 
Doors  and  windows  must  be  screened  during  fly  time. 
Toilets  and  lavatories  are  required  in  every  instance, 
and  all  employees  who  handle  the  food  must  wash 
their  hands  and  arms  before  beginning.  Cuspidors 
must  be  provided  wherever  necessary  and  they,  as 
well  as  toilets,  must  be  cleaned  daily. 

Special  regulations  are  made  concerning  the  san- 
itation of  slaughter  houses.  Refuse  must  be  re- 
moved within  twenty-four  hours  and  no  swine  may 
be  kept  within  one  hundred  and  fiftj^  feet.  The 
building  must  be  maintained  in  a  state  of  repair,  free 
from  filth  and  offensive  odors,  and  with  sufficient 
drainage  and  pure  water  supply. 

Confectionery,  dates,  figs,  dried  and  fresh  fruits, 
berries,  butter,  cheese,  and  bakery  products  on  sale 
or  display  must  be  screened  or  covered.  Sidewalk 
or  street  display  is  prohibited  unless  the  food  is  pro- 
tected from  flies  and  dust  and  the  bottom  of  the  con- 
tainer is  two  feet  from  the  surface  of  the  sidewalk. 
Street  display  of  meat  is  forbidden  in  any  case. 

For  the  first  violation  of  this  law  a  fine  of  from  $10 
to  $50  may  be  imposed,  for  the  second  a  fine  of  from 


308  SOCIAL  LEGISLATION  IN  IOWA 

$25  to  $100,  and  for  subsequent  offenses  a  fine  of 
$200  and  confinement  in  jail  for  from  thirty  to  ninety 
days. 

It  was  not  until  1907,  a  year  after  tlie  first  com- 
prehensive pure  food  law  was  passed,  that  there  was 
anything  like  a  proper  regulation  of  the  sale  of 
drugs.  The  Thirty-second  General  Assembly  de- 
fined an  adulterated  drug  as  any  medicine  or  prep- 
aration *' intended  to  be  used  for  the  cure,  mitiga- 
tion or  prevention  of  disease"  in  man  or  animal  or 
the  destruction  of  parasites,  which  does  not  corre- 
spond in  strength,  quality,  or  purity  to  the  standard 
set  by  the  United  States  Pharmacopoeia  or  National 
Formulary ;  or,  if  by  label  on  the  container,  the  drug 
does  not  profess  to  be  of  such  standard,  then  it  must 
be  of  the  strength  and  purity  it  does  profess  to  be.^®^ 

A  drug  is  deemed  misbranded  if  the  label  contains 
any  false  or  misleading  device  or  statement  as  to  the 
ingredients  or  the  place  of  manufacture,  if  the  article 
is  an  imitation,  if  part  or  all  of  the  contents  of  the 
original  package  have  been  removed  and  others  sub- 
stituted, or  if  a  statement  is  not  made  of  the  propor- 
tion that  may  be  contained  of  any  alcohol,  morphine, 
opium,  heroin,  chloroform,  cannabis  indica,  chloral 
hydrate,  acetanilide,  or  any  derivative.  The  Thirty- 
fourth  General  Assembly  qualified  the  last  provision 
by  explaining  that  it  was  not  meant  to  apply  to  drugs 
recognized  by  the  United  States  Pharmacopoeia  or 
National  Formulary  nor  to  prescriptions  of  licensed 
physicians,  dentists,  and  veterinarians.^''*     The  sale 


LAWS  PERTAINING  TO  PUBLIC  HEALTH   309 

or  possession  of  any  preparation  containing  wood  or 
denatured  alcohol  to  be  used  internally,  extornally, 
for  cosmetic  purposes,  inhalation,  or  for  perfumes 
was  prohibited.  A  maximum  fine  of  one  Imndred 
dollars  was  the  penalty  for  the  violation  of  the  act 
and  the  enforcement  was  placed  in  the  hands  of  the 
Pharmacy  Commissioners.  To  aid  in  the  enforce- 
ment of  the  law  the  Thirty-fourth  General  Assembly 
appropriated  $250  annually  for  two  years  and  re- 
quired the  State  Chemist  to  make  all  necessary 
analyses.®"^ 

SANITATION 

In  1904  cities  and  towns  were  given  the  right  to 
acquire  real  estate  for  the  location  of  garbage  and 
sewage  disposal  plants,  dump  grounds,  and  sewer 
outlets,^^*^  and  three  years  later  towns  and  second 
class  cities  were  empowered  to  levy  a  special  tax  for 
the  construction  of  sewer  outlets  and  purifying 
plants.^"  A  bond  issue  in  anticipation  of  this  tax 
was  authorized  by  the  Thirty-third  General  Assem- 
l^ly  698  jjj  -^gi^  cities  of  over  80,000  population  were 
given  power  to  levy  an  annual  one  mill  tax  for  the 
location,  equipment,  and  construction  of  a  garbage 
disposal  plant.^"^  At  present  this  act  applies,  of 
course,  only  to  Des  Moines. 

The  power  of  cities  to  regulate  plumbing  was  ex- 
tended in  1898  so  as  to  include,  along  with  sewers, 
the  inspection  of  the  connections  of  buildings  ^vith 
water  mains  and  gas  pipes. "'^"  The  Thirty-fifth  Gen- 
eral Assembly  passed  an  act  empowering  cities  and 
towns,  including  commission-governed  and  special 


310  SOCIAL  LEGISLATION  IN  IOWA 

charter  cities,  "to  regulate  and  license  plumbers: 
to  create  a  board  of  examiners  to  determine  the  qual- 
ifications thereof:  to  prescribe  rules  and  regulations 
for  the  installation  of  plumbing  work  and  materials : 
to  provide  for  the  inspection  of  such  work,  materials 
and  manner  of  installation:  to  compel  the  removal 
of  plumbing  installed  in  violation  of  the  manner  pre- 
scribed". For  violations  of  the  law  a  maximum 
penalty  of  one  hundred  dollars  fine  or  thirty  days 
imprisonment  may  be  imposed/*'^ 

A  sanitary  measure  was  passed  in  1909  which  add- 
ed to  the  law  forbidding  dead  animals  to  be  thrown 
into  streams,  ponds,  wells,  or  cisterns,^°^  the  provi- 
sion that  night-soil  and  garbage,  as  well  as  dead  an- 
imals, should  not  be  thrown  in  such  places  nor  upon 
any  adjoining  land  which  is  subject  to  overflow/"^ 

The  Twenty-ninth  General  Assembly  decreed  that 
all  manufacturing  establishments,  workshops,  and 
hotels  in  which  five  or  more  persons  are  employed 
should  be  equipped  with  a  sufficient  number  of  water 
closets,  properly  screened  and  ventilated  and  kept 
clean. ^°*  In  1911  the  proportion  of  one  such  water 
closet  to  every  twenty  employees  was  established 
and  manufacturies  were  required  to  provide  wash- 
ing facilities  and  dressing-rooms  for  employees. ^°^ 

In  the  law  of  the  Thirty-third  General  x'Vssembly 
regulating  the  operation  and  maintenance  of  hotels 
and  lodging-houses  provision  is  made  for  their  prop- 
er drainage  and  plumbing  according  to  sanitary  prin- 
ciples. If  the  city  has  a  sewerage  system  such 
buildings  must  be  connected  with  it,  and  if  not,  ap- 


LAWS  PERTAINING  TO  PUBLIC  HEALTH    311 

proved  cesspools  and  privies  must  be  provided.  All 
hotels  must  be  kept  clean  and  free  from  effluvia,  gas, 
or  offensive  odors/"" 

At  the  same  session  the  Railroad  Commissioners 
were  authorized  to  require  additions  or  changes  in 
the  equipment  of  railroad  rolling  stock  and  station 
houses  ''for  the  health  and  convenience  of  the  pub- 
lic",^" but  not  until  1913  were  sanitary  closets  re- 
quired to  be  maintained  at  railway  stations.  They 
are  subject  to  inspection  by  the  hotel  inspector.  A 
maximum  fine  of  one  hundred  dollars  may  be  im- 
posed on  any  company  which  fails  to  comply  with  the 
law.'"« 

PUBLIC  NUISANCES 

The  first  reference  to  nuisances  in  the  legislation 
of  Iowa  since  1897  was  made  by  the  Twenty-seventh 
General  Assembly,  when  the  adulteration  of  linseed 
oil  was  declared  to  be  a  public  nuisance  subject  to  in- 
junction.'^"^ The  construction  of  any  ditch,  drain,  or 
water  course  so  as  to  prevent  the  surface  and  over- 
flow waters  of  adjacent  lands  from  entering  it  was 
made  a  nuisance  in  1904.^^°  A  detailed  act  prescrib- 
ing the  method  of  enjoining  and  abating  houses  of 
lewdness,  assignation,  and  prostitution,  which  are 
held  to  be  nuisances,  was  placed  upon  tlie  statute 
books  by  the  Thirty-third  General  Assembly."*'  In 
1911  a  maximum  jail  sentence  of  one  year  was  estab- 
lished as  an  alternative  penalty  to  the  $1000  fine  for 
being  convicted  of  maintaining  a  nuisance. "*- 

The  emission  of  dense  smoke  in  cities  having  a 
population    exceeding   65,000   inhabitants    was    de- 


312  SOCIAL  LEGISLATION  IN  IOWA 

clared  to  be  a  nuisance  by  the  Thirty-fourth  General 
Assembly,  and  such  cities  were  given  power  to  abate 
such  a  nuisance  by  fine  or  imprisonment  or  by  action 
in  the  district  court,  and  to  regulate  smoke  inspec- 
tion and  prevention  J^^  The  next  General  Assembly, 
however,  caused  this  law  to  apply  to  cities,  including 
those  under  commission  government,  having  a  pop- 
ulation of  30,000  inhabitants  and  to  cities  under  spe- 
cial charters  with  a  population  of  16,000/^* 

As  has  already  been  observed,  cities  had  no  power 
under  the  Code  of  1897  in  regard  to  nuisances,  ex- 
cept to  abate  them.  This  situation  was  remedied  by 
the  Thirty-fifth  General  Assembly.  Now,  in  addi- 
tion to  ''any  right  of  abatement  of  any  public  or 
private  nuisance,  they  shall  have  the  right  to  pro- 
hibit the  same  by  ordinance  and  to  punish  by  fine  or 
imprisonment  for  the  violation  thereof.  "^^^ 


XVI 

LEGISLATION  PERTAINING  TO  PUBLIC 
SAFETY 

FIRE  PROTECTION 

Two  acts  were  passed  by  the  Thirty-fifth  General 
Assembly  affecting  the  powers  of  cities  and  towns  in 
regard  to  fire  protection.  One  authorized  all  cities 
and  towns  in  Iowa  to  adopt  a  building  code,  ''pro- 
viding for  the  districting  of  such  cities  into  one  or 
more  districts,  establishing  reasonable  rules  and 
regulations  for  the  erection,  reconstruction  and  in- 
spection of  buildings  of  all  kinds  within  their  limits 
and  for  a  fee  for  such  inspection  and  providing  pen- 
alties for  violation  ".'^^*  The  other  law  gave  all 
cities  and  towns  the  power  to  require  by  ordinance 
that  the  buildings  within  the  fire  limits  be  construct- 
ed "in  whole  or  in  part"  of  fire-proof  materials,  and 
such  municipalities  maj^  now  remove  structures 
erected  contrary  to  such  ordinances  at  the  cost  of 
the  owner."'^  The  Twenty-eighth  General  Assembly 
established  a  fine  of  from  ten  to  fifty  doHars  for  the 
use  of  gasoline,  benzine,  naphtha,  or  other  dangerous 
fluids  in  dye  works,  pantoriums,  or  cleaning  works 
located  in  a  residence  or  lodging-house.'^^ 

But  it  was  not  until  1902  that  the  State  undertook 
to  control  fire  protection  through  tlie  regulation  of 

313 


314  SOCIAL  LEGISLATION  IN  IOWA 

the  construction  of  buildings.  In  that  year  a  law 
was  passed  dividing  structures  to  which  the  act  ap- 
plied into  six  classes/^''  Hotels  or  lodging-houses 
three  or  more  stories  in  height,  and  tenements  or 
boarding  houses  three  or  more  stories  in  height  oc- 
cupied by  one  or  more  families,  or  an  aggregate  of 
twenty  persons  or  more,  were  to  have  one  ladder  fire 
escape  of  steel  or  iron  construction  for  every  2500 
superficial  feet  of  area  or  fractional  part  thereof 
covered  by  the  building.  The  ladder  was  to  be  pro- 
vided with  platforms  of  the  same  material  at  each 
story  and  within  easy  access  from  two  or  more  win- 
dows of  each  story  above  the  first  and  was  to  extend 
from  above  the  roof  to  within  five  feet  of  the  ground. 
If  such  buildings  were  occupied  by  more  than  twenty 
persons  it  was  required  that  the  means  of  escape  be 
a  steel  or  iron  outside  stairway  of  similar  construc- 
tion. 

Buildings  used  as  opera  houses,  theaters,  or  pub- 
lic halls,  with  a  seating  capacity  exceeding  three  hun- 
dred, and  public  school  buildings  and  seminary  and 
college  buildings  more  than  two  stories  in  height, 
were  to  have  at  least  one  outside  stairway  —  the  lat- 
ter class  of  buildings  being  required  to  have  one 
stairway  to  every  2500  superficial  feet  of  area  or 
fraction  thereof  covered,  and  as  many  more  such 
stairways  and  exits  as  the  mayor  or  chief  of  the  fire 
department  saw  fit  to  require.  Hospitals  and  asy- 
lums of  three  or  more  stories  in  height  were  obliged 
to  have  one  outside  stairway  for  every  2500  super- 
ficial feet  of  area  or  fractional  part  covered  by  the 


LAWS  PERTAINING  TO  PUBLIC  SAFETY    315 

building  and  if  there  were  living  or  sleeping  quar- 
ters for  more  than  twenty-five  persons  at  least  two 
such  stairways  were  necessary.  Finally,  the  law  re- 
quired that  manufacturies,  warehouses,  and  build- 
ings of  any  character  three  or  more  stories  in  height 
not  previously  specified  were  to  have  one  fire  escape 
ladder  for  every  5000  superficial  feet  of  area  cov- 
ered or  fraction  thereof,  if  not  more  than  twenty 
persons  were  employed.  If  more  than  twenty  per- 
sons were  employed  there  were  to  be  two  such  lad- 
ders, or  one  outside  stairway;  while  if  more  than 
forty  were  employed  the  minimum  requirement  was 
tM'o  outside  stairways,  but  the  maj^or  or  fire  chief 
could  demand  more. 

The  enforcement  of  the  law  came  within  the  juris- 
diction of  the  fire  chief,  the  mayor,  or  chairman  of 
the  board  of  supervisors  according  to  the  nature  of 
the  case,  and  sixty  days  after  notification  a  person 
could  be  fined  from  fifty  to  one  hundred  dollars,  and 
twenty-five  dollars  for  each  succeeding  week  for  fail- 
ure to  provide  fire  escapes  as  specified. 

The  very  next  General  Assembly,  however,  revised 
the  classification  and  added  to  the  requirements  in 
some  instances."''  Office  buildings  were  included 
with  hotels  and  lodging-houses,  and  the  location  of 
the  escapes  in  these  buildings  was  to  be  marked  by  a 
red  light ;  while  doors  leading  to  the  escapes  were  to 
be  half  glass  and  locked  in  such  a  manner  as  to  ren- 
der access  easy.  This  provision  in  regard  to  signal 
lights  and  doors  was  made  to  apply  as  well  to  ten- 
ements and  boarding-houses.     No  change  was  made 


316  SOCIAL  LEGISLATION  IN  IOWA 

with  regard  to  theaters,  opera  houses,  and  public 
halls.  Hospitals  and  asylums  were  placed  in  the 
class  with  public  schools,  seminaries,  and  colleges, 
but  the  height  limit  under  which  escapes  were  not  re- 
quired was  changed  from  two  to  three  stories.  An 
additional  class  was  made  for  strictly  fire-proof 
buildings,  and  one  ladder  fire  escape  was  required 
for  every  6000  superficial  feet  or  fractional  part 
thereof  covered  by  such  a  building.  In  all  the  build- 
ings thus  designated  signs  indicating  the  location  of 
fire  escapes  were  required  to  be  posted  at  all  en- 
trances to  elevators,  stairway  landings,  and  in  all 
rooms. 

The  Commissioner  of  the  Bureau  of  Labor  Sta- 
tistics was  given  concurrent  power  with  the  city  fire 
chief,  mayor,  and  chairman  of  the  board  of  super- 
visors to  enforce  the  law. 

The  Thirty-third  General  Assembly  decreed  that 
''entrance  and  exit  doors  of  all  hotels,  churches, 
lodge  halls,  court  houses,  assembly  halls,  theaters, 
opera  houses,  colleges  and  public  school  houses,  and 
the  entrance  doors  to  all  class  and  assembly  rooms 
in  all  public  school  buildings,  in  all  cities  and  incor- 
porated towns,  shall  open  outward,"  "^  In  order  to 
enforce  this  provision  and  that  requiring  the  posting 
of  signs  indicating  the  location  of  fire  escapes,  the 
Thirty-fourth  General  Assembly  fixed  a  penalty  of 
from  twenty-five  to  one  hundred  dollars  fine  for  non- 
compliance.^^' 

The  last  modification  of  the  fire  escape  law  was 
made  in  1913,  when  boarding-houses  in  which  sleep- 


LAWS  PERTAINING  TO  PUBLIC  SAFETY     317 

ing  rooms  are  kept  for  rent  or  hire,  were  included 
with  hotels,  office  buildings,  and  lodging-houses  over 
three  stories  high/-^ 

In  1909  a  building  law  was  passed  relating  spe- 
cifically to  hotels."*  A  hotel  was  defined  as  any- 
building  advertised  as  such  in  which  there  are  ten  or 
more  sleeping  rooms.  All  hotels  over  one  story  in 
height  and  not  fire-proof  must  have  a  fire  escape 
rope  in  each  bedroom.  Signs  showing  the  way  to 
the  escapes  and  notices  of  the  presence  of  the  ropes 
must  be  posted  in  each  hall,  stairway,  elevator  shaft, 
and  in  each  bedroom  above  the  first  floor.  Elevator 
shafts  in  non-fire-proof  hotels  must  be  enclosed  be- 
low the  first  floor.  If  there  are  inner  courts  or  light- 
wells  in  non-fire-proof  hotels  they  must  possess  a 
trap  door  or  opening  through  which  by  means  of  a 
rope  or  ladder  persons  may  escape  to  the  ground 
floor.  All  hotels  three  or  more  stories  high  must  be 
provided  with  a  hall  on  each  floor  extending  from 
one  outer  wall  to  the  other  and  at  both  ends  of  this 
hall  there  must  be  a  steel  or  iron  fire  escape.  Either 
one  chemical  fire  extinguisher  to  every  2500  feet  of 
space  on  each  floor  or  a  stand  pipe  one  and  one- 
fourth  inches  in  diameter  with  a  hose  long  enough  to 
reach  to  any  part  of  the  building  must  be  maintained 
ready  for  use  in  the  hall  on  each  floor. 

The  civil  engineer  of  the  State  Board  of  Health 
was  made  Inspector  of  Hotels  wdth  power  to  appoint 
one  or  more  deputies.  For  this  work  he  receives  a 
salary  of  $1500  and  the  deputy  inspectors  are  al- 
lowed five  dollars  a  day.     All  hotels  must  be  inspect- 


318  SOCIAL  LEGISLATION  IN  IOWA 

ed  annually  and  reported  to  the  State  Board  of 
Health.  For  the  inspection  of  those  having  less  than 
twenty  rooms  a  fee  of  four  dollars  is  charged,  and 
for  those  having  over  twenty  rooms  the  fee  is  eight 
dollars.  Inspection  may  be  made  oftener  than  once 
a  year  if  a  verified  complaint  of  three  or  more  pa- 
trons is  filed.  Certificates  of  inspection,  which  must 
be  conspicuously  displayed  in  the  hotel,  are  issued 
by  the  inspector,  if  the  hotel  is  in  a  satisfactory  con- 
dition. For  granting  false  certificates  there  is  a 
penalty  of  a  $500  fine,  six  months  in  jail,  or  both  the 
fine  and  the  imprisonment.  Anyone  in  charge  of  a 
hotel  who  hinders  inspection  or  fails  or  neglects  to 
comply  with  the  requirements  of  the  law  may  be 
fined  one  hundred  dollars  or  put  in  jail  for  thirty 
days. 

The  Twenty-seventh  General  Assembly  granted 
cities  of  the  second  class  power  to  levy  a  one  mill  tax 
annually  for  the  maintenance  of  a  fire  department.^-'' 
In  1909  this  tax  was  increased  to  a  maximum  of  three 
mills  in  second  class  cities  under  10,000  population ; 
while  in  cities  having  a  population  over  10,000  it 
might  be  as  high  as  five  mills.  The  same  year  com- 
mission-governed cities  were  allowed  to  levy  annu- 
ally a  special  tax  not  exceeding  six  mills  on  the  dol- 
lar in  order  to  provide  facilities  for  fire  protec- 
tion."« 

The  Thirty-fifth  General  Assembly  provided  for 
the  levy  annually  for  a  period  of  ten  years  of  a  tax 
of  one  and  one-half  mills  on  the  dollar  of  the  as- 
sessed value  of  property  in  all  cities  in  the  State  hav- 


LAWS  PERTAINING  TO  PUBLIC  SAFETY    319 

ing  a  population  of  over  5000,  in  cities  under  the 
commission  plan,  and  in  cities  acting  under  special 
charters,  to  be  used  in  acquiring  property  and  equip- 
ment for  the  fire  department."'-^ 

Since  1897  there  have  been  some  significant 
changes  in  the  administration  of  fire  departments. 
A  law  passed  in  1902,  applying  only  to  the  city  of 
Des  Moines,^-^  created  a  board  of  police  and  fire  com- 
missioners having  three  members,  to  be  appointed 
by  the  mayor  for  a  term  of  six  years.  They  were 
required  to  take  oath  and  give  bond.  It  was  made 
the  duty  of  this  board  to  hold  competitive  examina- 
tions of  all  applicants  for  positions  on  the  forces  of 
the  police  or  fire  departments,  with  the  exception  of 
those  who  had  already  served  three  j-^ears  succes- 
sively next  preceding  the  creation  of  the  board.  The 
appointments  were  to  be  made  by  the  heads  of  the 
respective  departments.  Old  soldiers  and  sailors 
were  to  be  given  preference.  The  chief  of  police 
was  to  be  appointed  by  the  mayor  and  the  fire  chief 
was  to  be  elected  by  the  city  council. 

Members  of  the  police  and  fire  departments  can  be 
removed  by  the  board  or  by  the  chief  of  the  depart- 
ment, Avith  the  right  to  appeal  to  the  board.  A  per- 
son not  a  citizen  of  the  United  States,  or  who  has  not 
been  a  resident  of  the  city  for  more  than  a  year  pre- 
ceding, or  who  can  not  read  and  write  the  English 
language,  or  who  is  not  of  good  moral  character,  or 
who  is  addicted  to  the  use  of  intoxicating  liquor  is 
not  eligible  to  serve  as  a  policeman  or  fireman.  For 
violation  of  the  act,  punishment  in  the  shape  of  a  fine 


320  SOCIAL  LEGISLATION  IN  IOWA 

of  one  hundred  dollars  or  imprisonment  for  thirty 
days  can  be  imposed."® 

This  law  was  amended  by  the  Thirty-second  Gen- 
eral Assembly  making  it  applicable  to  first  class 
cities  having  a  population  of  over  20,000  and  to  spe- 
cial charter  cities.  The  chief  of  the  fire  department 
was  included  among  the  officers  appointed  by  the 
board  of  police  and  fire  commissioners,  and  he  also 
became  subject  to  removal  by  that  board."" 

In  1911  there  was  installed  an  elaborate  system  of 
hearings  before  the  board  of  police  and  fire  commis- 
sioners for  those  members  of  the  police  and  fire  de- 
partments who  are  discharged  or  suspended  by  the 
heads  of  the  respective  departments.  In  case  the 
funds  in  any  city  in  which  there  is  a  board  of  police 
and  fire  commissioners  become  insufficient  to  pay  the 
current  salaries  to  the  number  of  policemen  and  fire- 
men employed,  provision  is  made  for  reducing  the 
number,  the  mayor  designating  the  newest  and  most 
inefficient  persons  in  the  service  as  the  ones  to  be  dis- 
charged.'^^^ 

Under  the  commission  plan  of  government  estab- 
lished in  1907  the  civil  service  commission  was  given 
similar  powers  with  reference  to  the  fire  and  police 
departments  as  are  possessed  by  the  board  of  police 
and  fire  commissioners  in  certain  other  cities."' 
Amendments  were  made  in  1911,  but  the  only  change 
worthy  of  notice  was  that  the  chief  of  the  fire  de- 
partment should  be  appointed  by  the  civil  service 
commission."^ 

Indicative  of  the  tendency  to  centralize  adminis- 


LAWS  PERTAINING  TO  PUBLIC  SAFETY    321 

trative  authority  in  the  State  is  an  act  of  tlic  Thirty- 
fourth  General  Assembly,  which  created  the  office  of 
State  Fire  Marshal.''"  The  incumbent  must  be  a  cit- 
izen of  the  State  and  a  person  familiar  with  the 
causes  of  fires  and  the  methods  of  preventing  them, 
appointed  by  the  Governor  for  a  term  of  four  years 
with  a  salary  of  $2500.  He  may,  with  the  consent  of 
the  Executive  Council,  appoint  his  deputy,  one  or 
more  State  inspectors,  and  other  assistants.  The 
salary  of  the  Deputy  Fire  Marshal  was  fixed  at  $1500 
a  year,  but  the  compensation  of  other  assistants  was 
left  for  the  State  Fire  Marshal  to  determine.  There 
was  appropriated  $12,500  annually  for  expenses. 

The  State  Fire  Marshal  was  required  to  devote  his 
whole  time  to  the  duties  of  his  office  and  to  make  an- 
nual reports  of  his  activities  to  the  Governor.  It  is 
for  him  personally,  or  through  the  fire  chief,  mayor, 
or  township  clerk  of  a  locality  to  investigate  the 
cause,  origin,  and  circumstances  of  every  fire  in  the 
State  within  two  days  after  its  occurrence.  If  a 
local  officer  should  investigate  a  fire  he  was  to  report 
to  the  State  Fire  Marshal  within  a  week.  For  in- 
vestigating and  reporting  fires,  the  law  stipulated 
that  mayors  and  fire  chiefs  (if  they  received  no  com- 
pensation as  such  officers)  and  township  clerks 
should  be  paid  fifty  cents  in  each  instance  and  al- 
lowed ten  cents  a  mile  for  traveling  expenses.  If 
the  State  Fire  Marshal  deems  it  necessary  to  further 
investigate  a  fire  he  may  call  witnesses  and  compel 
them  to  testify  on  penalty  of  a  maximum  fine  of  one 
hundred  dollars,  thirty  days  imprisonment,  or  both. 


322  SOCIAL  LEGISLATION  IN  IOWA 

It  is  also  within  his  power  to  enter  a  charge  of  arson 
against  a  person.  A  record  of  all  fires,  showing  the 
name  of  the  owners  of  the  property,  the  occupants, 
the  sound  value,  the  amount  of  insurance,  the  amount 
of  insurance  collected,  the  loss  to  the  owner,  and  the 
facts,  statistics,  and  circumstances  of  the  fire,  must 
be  kept  in  the  office  of  the  State  Fire  Marshal. 

Any  building,  according  to  the  law,  may  be  in- 
spected after  a  fire  and,  upon  the  complaint  of  any 
person  interested,  any  other  building  can  be  inspect- 
ed with  a  view  to  determining  if  it  is  especially  liable 
to  fire  and  dangerously  situated,  if  it  contains  any 
combustible  or  explosive  matter,  or  is  in  an  inflam- 
mable condition.  If  such  is  found  to  be  the  case,  it  is 
required  that  the  dangerous  condition  shall  be  or- 
dered to  be  remedied,  and  a  fine  of  from  ten  to  fifty 
dollars  can  be  imposed  for  each  day's  neglect  on  the 
part  of  the  owner  or  occupant  to  comply  with  the 
law. 

Finally,  it  was  made  the  duty  of  the  State  Fire 
Marshal  to  require  teachers  in  school  houses  of  more 
than  one  story  in  height  to  conduct  monthly  fire 
drills  and  to  instruct  the  pupils  at  least  once  a  quar- 
ter concerning  the  dangers  and  causes  of  fires,  using 
a  bulletin  on  the  subject  prepared  and  distributed 
by  the  State  Fire  Marshal.  For  violation  of  this 
law  teachers  may  be  fined  ten  dollars  for  each  of- 
fense. 

The  Thirty-fifth  General  Assembly  amended  the 
law  establishing  a  State  Fire  Marshal  to  the  effect 
that  a  fine  of  from  five  to  one  hundred  dollars  mav 


LAWS  PERTAINING  TO  PUBLIC  SAFETY    323 

now  be  levied  against  any  fire  chief,  mayor,  or  clerk 
of  a  township  who  fails  or  neglects  to  investigate 
and  report  a  fire.  When  any  building  is  "especially 
liable  to  fire,  or  is  so  situated  as  to  endanger  other 
buildings  or  property"  the  defect  may  be  caused  to 
be  remedied  or  the  building  removed.  Furthermore, 
the  annual  appropriation  for  expenses  was  placed  at 
$13,500,  and  the  salary  of  the  Deputy  Fire  Marshal 
was  raised  $300.  Mayors  and  fire  chiefs  are  now 
granted  compensation  for  reporting  fires  even 
though  they  receive  pay  for  their  services  as  mayors 
or  fire  chiefs,  but  traveling  expenses  are  no  longer 
allowed  except  in  the  case  of  township  clerks."^ 

The  Thirty-second  General  Assembly  changed  the 
penalty  for  the  removal  of  fire  apparatus  and  the 
giving  of  false  alarms  to  a  maximum  fine  of  one  hun- 
dred dollars  or  thirty  days  in  jail."® 

EOAD  EULES 

The  protection  of  travelers  on  the  highways  has 
constituted  a  problem  chiefly  since  the  advent  of  the 
automobile.  In  truth,  with  the  exception  of  traction 
engines  the  whole  body  of  legislation  since  the  adop- 
tion of  the  Code  of  1897  in  regard  to  road  rules  has 
been  concerned  with  motor  vehicles."^ 

Three  times  since  1897  the  rules  for  operating 
steam  engines  upon  public  roads  have  been  amended. 
First,  the  Twenty-eighth  General  Assembly  estab- 
lished a  maximum  penalty  of  thirty  days  imprison- 
ment or  one  hundred  dollars  fine  for  violation  of  the 
law.'^^*    Next,  the  Thirtieth  General  Assemblv  ex- 


324  SOCIAL  LEGISLATION  IN  IOWA 

empted  the  county  from  liability  in  the  case  of  per- 
sonal injuries,  as  well  as  from  damages  resulting  to 
the  engines  on  account  of  failure  to  plank  a  bridge 
before  crossing  it."^  Finally,  the  law  on  the  whole 
subject  was  rewritten  by  the  Thirty-third  General 
Assembly.  At  the  present  time  it  is  specifically  stat- 
ed that  the  whistle  shall  not  be  blown,  and  that  the 
engine  must  be  stopped  at  a  signal  from  a  person 
with  a  restive  horse  or  other  animal.  Care  must  be 
exercised  in  any  case  and  assistance  rendered  when- 
ever necessary.  Since  November,  1910,  the  plank- 
ing of  bridges  and  crossings  has  not  been  required. 
The  penalty  for  violation  of  the  law  remains  the 
same,  while  nothing  is  said  in  regard  to  the  liability 
of  the  county  for  damages  in  the  case  of  personal  in- 
jury or  harm  to  the  engine.^*" 

The  first  law  requiring  the  registration  of  motor 
vehicles  and  regulating  their  use  upon  highways  and 
streets  was  enacted  in  1904  by  the  Thirtieth  General 
Assembly.^"  Every  owner  of  a  motor  vehicle  was 
compelled  to  have  it  registered  by  the  Secretary  of 
State  and  to  display  the  number  at  the  rear  of  the 
machine.  The  speed  limit  was  fixed  at  ten  miles  an 
hour  in  closely  built-up  parts  of  cities  and  towns, 
fifteen  miles  an  hour  elsewhere  in  cities  and  towns, 
and  twenty  miles  an  hour  in  the  country.  Upon  be- 
ing signalled  to  do  so,  a  person  operating  a  motor 
vehicle  was  required  to  stop  until  the  person  with  a 
restive  horse  or  animal  had  safely  passed.  Assist- 
ance should  be  rendered  if  necessary.     Each  motor 


LAWS  PERTAINING  TO  PUBLIC  SAFETY    325 

vehicle  was  to  be  equipped  with  effective  brakes,  a 
signal  bell  or  horn ;  and  if  operated  during  the  period 
between  one  hour  after  sunset  and  one  hour  before 
sunrise,  one  or  more  white  lights  were  to  be  kept 
burning  in  front  and  a  red  light  behind.  For  the 
first  offense  in  violation  of  the  law  a  fine  of  twenty- 
five  dollars  could  be  imposed,  and  for  subsequent 
offenses  a  fine  of  from  twenty-five  to  fifty  dollars  or 
imprisonment  in  the  county  jail  for  thirty  days  was 
made  the  penalty. 

The  first  amendment  (1907)  made  to  the  motor 
vehicle  law  was  in  respect  to  registration  for  which 
a  fee  of  five  dollars  was  authorized.  Dealers  were 
also  required  to  display  a  number  on  their  cars  and 
for  such  a  registration  a  fee  of  ten  dollars  could  be 
charged.^"  In  1909  the  fee  for  registering  motor 
cycles  was  reduced  to  two  dollars,  and  dealers  in 
motor  vehicles  were  required  to  secure  a  permit  and 
a  number  for  each  place  of  business  if  they  should 
be  operating  in  more  than  one  city.  The  use  by 
any  operator  of  a  motor  vehicle  with  an  unassigned 
number  was  prohibited.^"*^ 

The  Thirty-fourth  General  Assembly  rewrote  the 
whole  law  relating  to  motor  vehicles. ^^*  The  annual 
registration  fees  precluded  assessment  of  motor 
vehicles  for  taxes  and  w(>re  fixed  according  to  horse- 
power. Money  derived  by  the  State  in  this  manner 
was  to  be  apportioned  among  the  counties  for  use  in 
road  improvement.  Two  number  plates  were  to  be 
displayed,  one  at  each  end  of  the  machine,  and  at- 


326  SOCIAL  LEGISLATION  IN  IOWA 

taclied  so  as  to  prevent  them  from  swinging.  Fif- 
teen days  was  set  as  the  limit  of  the  time  allowed  for 
operating  a  vehicle  under  the  dealer's  nmnber. 

The  new  act  made  it  unlawful  for  a  person  under 
fifteen  years  of  age  to  operate  a  motor  vehicle.  Two 
white  lights  were  to  be  carried  in  front  (only  one 
was  required  on  motor  cycles)  and  a  red  and  a  white 
light  behind,  from  a  half -hour  after  sunset  to  a 
half -hour  before  sunrise.  The  rear  light  was  to  be 
so  situated  as  to  illuminate  the  number.  Besides  the 
regulations  in  former  laws  as  to  care  in  meeting  and 
passing  on  the  highway,  operators  were  required  to 
slow  down  and  stop  if  necessary  in  passing  street 
cars  which  have  stopped  for  passengers  and,  in  ap- 
proaching corners  and  curves,  to  slow  down  and  give 
a  timely  signal.  Besides  being  given  other  wide 
powers  of  regulation,  cities  and  towns  were  allowed 
to  determine  the  rate  of  speed  within  their  limits, 
but  it  was  not  to  be  less  than  ten  miles  an  hour. 
Signs  were  to  be  maintained  designating  the  limits 
of  the  various  areas  of  differing  rates  of  speed. 
Above  twenty-five  miles  an  hour  was  fixed  as  a  dan- 
gerous rate  of  speed  on  any  road. 

A  long  list  of  penalties  was  established  in  1911. 
Violations  of  the  registration  requirements,  and  the 
permitting  of  a  person  under  fifteen  years  of  age  to 
run  a  motor  vehicle  are  punishable  by  a  maximum 
fine  of  fifty  dollars.  A  fine  of  as  much  as  one  hun- 
dred dollars  may  be  levied  against  anyone  not  exer- 
cising due  care  and  prudence  in  driving  a  machine 
and  for  the  fourth  and  subsequent  such  offenses,  or 


LAWS  PERTAINING  TO  PUBLIC  SAFETY    327 

for  violation  of  local  speed  limitations,  the  license 
to  operate  may  be  revoked  or  suspended.  Anyone 
who  runs  a  car  or  motor  cycle  after  the  certificate  of 
registration  has  been  suspended  or  revoked,  or  while 
he  is  in  a  state  of  intoxication,  is  held  guilty  of  a 
misdemeanor.  Anyone  causing  injury  to  a  person 
by  a  motor  vehicle  who  does  not  stop  and  leave  his 
name,  address,  and  the  number  of  his  machine  with 
the  person  injured  or  with  a  police  officer  is  guilty 
of  a  felony  punishable  in  the  first  instance  by  im- 
prisonment for  not  more  than  two  years,  a  fine  of  not 
over  $500,  or  both,  and  for  the  second  offense  by  a 
term  in  the  penitentiary  of  from  one  to  five  years, 
besides  having  his  certificate  of  registration  sus- 
pended in  either  case.  Breaking  the  motor  vehicle 
law  in  any  manner  for  which  no  penalty  is  estab- 
lished is  deemed  a  misdemeanor  punishable  by  a  fine 
of  not  exceeding  twenty-five  dollars. 

In  1913  such  vehicles  as  motor  trucks,  fire  engines, 
and  patrol  wagons  were  exempted  from  the  regula- 
tions of  the  motor  vehicle  law  and  several  incidental 
amendments  were  made  in  regard  to  registration.'^^ 

THE  SALE  OF  POISONS 

The  sale  of  certain  poisons  has  in  recent  years 
been  more  strictly  guarded.  In  1907  the  list  of  poi- 
sons, the  sale  of  which  was  forbidden  unless  proper- 
ly labeled  and  their  use  made  known  to  the  recipient 
was  revised  to  include  ''Acids,  hydrochloric,  nitric, 
and  sulphuric,  arsenic,  chloral  hydrate,  chloroform, 
ammoniated  mercury,  atropine,  arsenate  of  copper. 


328  SOCIAL  LEGISLATION  IN  IOWA 

aconitine,  benzaldehyde,  bromine,  cyanide  of  potas- 
sium, cobalt,  corrosive-sublimate,  dionin,  ether  sul- 
phuric, hyoscine,  morphine,  kermes  mineral,  can- 
tharides,  cotton  root,  croton  oil,  carbolic  acid,  digi- 
talis, denatured  alcohol,  ergot,  hydrocyanic  acid,  nux 
vomica,  opium  and  its  preparations,  (excepting  those 
containing  less  than  two  grains  to  the  ounce),  oils 
of  bitter  almonds,  savin  and  pennyroyal,  oxalic  acid, 
phosphorus,  strychnine  and  its  salts,  veratrum,  and 
wood  alcohol".  This  prohibition  did  not  apply, 
however,  to  the  sale  of  poisons  used  in  filling  pre- 
scriptions. A  record  of  each  sale  was  still  required 
to  be  kept  for  five  years,  except  in  the  case  of  wood 
and  denatured  alcohol  to  be  used  mechanically.  The 
penalty  for  violation  of  the  law  was  changed  in  re- 
gard to  the  prison  sentence,  making  the  maximum 
term  thirty  days.'^*® 

The  Thirty-third  General  Assembly  proceeded  to 
take  denatured  alcohol  from  the  list  and  to  authorize 
its  sale  and  the  sale  of  poison  fly  paper  by  persons 
other  than  registered  pharmacists.^*^  The  sale  of 
poisonous  insecticides  and  fungicides  by  persons  not 
registered  pharmacists  was  legalized  in  1911,  pro- 
vided such  poisons  are  properly  labeled. ^*^ 

In  1902  the  sale  of  cocaine  except  in  filling  a  writ- 
ten prescription  of  a  physician  was  prohibited  on 
penalty  of  a  fine  of  twenty-five  to  one  hundred  dol- 
lars for  the  first  offense,  and  for  subsequent  offenses 
a  fine  or  not  more  than  three  hundred  nor  less  than 
one  hundred  dollars,  or  imprisonment  for  not  ex- 
ceeding three  months  constituted  the  punishment. 


LAWS  PERTAINING  TO  PUBLIC  SAFETY    329 

The  enforcement  of  the  law  was  placed  in  the  hands 
of  peace  officers.^^"  The  Thirty-second  General  As- 
sembly amended  this  law  by  making  it  unlawful  to 
sell,  exchange,  deliver,  or  have  in  one's  possession 
for  such  purposes,  any  coca,  cocaine,  alpha  or  beta 
eucaine,  cotton  root,  ergot,  oil  of  tansy,  oil  of  savin 
or  derivatives  thereof,  except  that  they  could  be  sold 
to  a  registered  physician  or  dentist,  or  used  in  filling 
a  written  prescription.'^" 

The  next  General  Assembly  made  it  compulsory  to 
register  the  sale  of  the  above  drugs  and  they  could 
be  sold  only  to  registered  physicians,  veterinarians, 
and  dentists  for  medical  purposes.  All  but  whole- 
sale dealers  in  drugs  and  superintendents  of  hos- 
pitals were  required  to  sign  a  record  of  sale.'''^  The 
Thirty-fourth  General  Assembly,  however,  again  re- 
wrote this  law  with  the  effect  of  repealing  the  act  of 
the  Thirty-third  General  Assembly  and  leaving  the 
provisions  regulating  the  sale  of  cocaine  and  certain 
other  drugs  practically  as  they  were  in  1907  under 
the  act  of  the  Thirty-second  General  Assembly. "- 

The  last  law  to  be  noted  relating  to  poisons  is  that 
which  makes  it  unlawful  for  anyone  to  deposit  any 
samples  of  drugs  or  medicine  on  a  porch,  lawn,  or 
other  place  where  they  are  liable  to  be  picked  up  by 
children."* 

THE  INSPECTION  OF  PETROLEUM 

In  1898  the  appointment  of  deputy  petroleum  in- 
spectors was  authorized,  and  all  petroleum  products 
lighter  than  that  which  requires  a  temperature  of 


330  SOCIAL  LEGISLATION  IN  IOWA 

105  degrees  to  emit  combustible  vapor  could  be  used 
in  Welsbacli  and  street  lamps.  Besides  liability  for 
damages,  those  selling  or  using  oil  contrary  to  the 
provisions  of  the  law  could  be  fined  from  ten  to  fifty 
dollars,  while  misconduct  on  the  part  of  railroads 
involved  a  fine  of  not  less  than  fifty  dollars.'^'"'* 

The  Twenty-eighth  General  Assembly  enacted  a 
law  allowing  the  use,  not  only  of  Welsbach  lamps  but 
of  any  other  gasoline  lamp  approved  by  the  State 
Board  of  Health."^  The  General  Assembly  of  1902 
included  apparatus  involving  the  use  of  gasoline, 
along  with  gasoline  lamps,  as  requiring  the  approval 
of  the  State  Board  of  Health.  Another  act  passed 
at  this  time  for  the  purpose  of  clarifying  the  former 
provision  that  petroleum  emitting  a  combustible 
vapor  below  105  degrees  Fahrenheit  could  be  used  if 
the  gas  or  vapor  from  it  was  generated  in  a  closed 
reservoir  outside  the  buildings,  only  made  that  ex- 
emption the  more  unintelligible."® 

In  1904  the  whole  law  relating  to  the  inspection  of 
petroleum  products  was  rewritten  and  the  office  of 
Chief  Inspector  of  Oils  created.  A  possible  salary 
of  one  hundred  and  fifty  dollars  a  month  was  allowed 
him,  according  to  the  amount  of  fees  collected.  The 
only  other  new  feature  was  one  requiring  any  person 
receiving  petroleum  products  subject  to  inspection 
to  notify  the  inspector  and  to  make  a  monthly  report 
to  the  Secretary  of  State.''" 

The  Thirty-fourth  General  Assembly  changed  the 
test  for  standard  illuminating  oils  so  as  to  include 
those  which  give  off  a  combustible  vapor  at  100  de- 


LAWS  PERTAINING  TO  PUBLIC  SAFETY    331 

grees  Fahrenheit,  and  provided  for  the  labeling  of 
gasoline,  benzine,  and  naphtha  according  to  the  grav- 
ity test  at  60  degrees  Fahrenheit,  at  the  same  time 
prohibiting  the  sale  of  any  not  so  labeled."* 

Since  1906  it  has  been  unlawful  to  sell  gasoline  in 
quantities  of  from  one  quart  to  six  gallons  in  any 
but  red  receptacles  labeled  ''gasoline",  and  ker- 
osene must  not  be  kept  in  such  containers.  Gasoline 
may  be  used  for  manufacturing  and  mechanical  pur- 
poses, however,  from  tanks  of  over  ten  gallons  capac- 
ity and  the  requirement  that  these  tanks  be  red  is 
omitted."^ 

In  concluding  the  discussion  of  public  safety  meas- 
ures, the  prohibition  of  the  sale  or  use  of  any  toy 
pistols,  dynamite  caps,  blank  cartridges  for  toy  pis- 
tols, and  fire-crackers  over  five  inches  long  and  three- 
fourths  of  an  inch  in  diameter  should  be  noted.  A 
person  violating  this  act  is  subject  to  a  fine  of  one 
hundred  dollars  or  thirty  days  imprisonment. 

The  Thirty-fifth  General  Assembly  made  it  unlaw- 
ful for  anyone  to  carry  concealed  weapons  of  any 
sort  without  a  permit  from  the  chief  of  police  in 
cities,  or  the  sheriff  or  mayor  in  places  where  there 
is  no  organized  police  force.  Violation  is  deemed  a 
felony  punishable  by  a  fine  not  exceeding  five  hun- 
dred dollars  or  by  confinement  in  the  penitentiary 
for  not  more  than  two  years  or  both  such  a  fine  and 
imprisonment,  although  if  it  chances  to  be  the  first 
offense  the  court  may  at  its  discretion  reduce  the 
punishment  to  a  term  in  the  county  jail  of  not  longer 


332  SOCIAL  LEGISLATION  IN  IOWA 

than  three  months,  or  a  fine  of  not  more  than  one 
hundred  dollars.  Permits  must  be  issued,  however, 
to  peace  officers  and  certain  employees  of  mining 
companies,  banks,  trust  companies,  railroad  and  ex- 
press companies.  Applicants  must  apply  in  person, 
giving  their  name,  residence,  age,  place  of  employ- 
ment, and  the  nature  of  their  business.  Dealers  in 
dangerous  weapons  that  can  be  concealed  must  have 
a  permit  to  pursue  their  business.  They  must,  fur- 
thermore, report  within  twenty-four  hours  to  the 
county  recorder  the  sale  of  any  concealable  weapon, 
stating  the  time,  kind  of  weapon,  and  the  name,  age, 
occupation,  and  residence  of  the  purchaser.  Failure 
to  do  so  is  a  misdemeanor.  It  is  also  a  misdemeanor 
for  anyone  applying  for  a  permit  to  carry  concealed 
weapons  or  purchasing  them  to  give  a  fictitious 
name.  No  person  under  fourteen  years  of  age  is 
allowed  to  carry  firearms  of  any  description.^*'" 


XVII 

LEGISLATION  PERTAINING  TO  PUBLIC 
MORALS 

IMMORAL  ENTERTAINMENTS 

The  recent  legislation  relative  to  public  morals 
has  been  mainly  amendatory,  striving  to  keep  pace 
with  an  ever  finer  appreciation  of  things  genteel. 
The  Twenty-eighth  General  Assembly  prescribed  a 
maximum  fine  of  three  hundred  dollars  or  ninety 
days  in  jail  as  the  penalty  for  engaging  in  boxing 
contests  where  admission  is  charged,  for  abetting 
such  a  performance,  or  for  permitting  property  to  be 
used  to  such  an  end.^^^ 

In  1909  a  law  was  passed  forbidding  immoral 
plays,  exhibitions,  shows,  or  entertainments  to  be 
given,  advertised,  participated  in,  or  abetted;  and 
anyone  so  doing  or  allowing  property  to  be  used  for 
such  a  purpose  was  declared  guilty  of  a  misdemean- 
or and  subject  to  a  fine  of  not  to  exceed  $1000,  im- 
prisonment in  jail  for  not  over  a  year,  or  both."*'- 
Since  1911  it  has  been  unlawful  to  exhibit  anj  de- 
formed, maimed,  idiotic,  or  abnormal  person,  or 
human  monstrosity,  and  receive  any  fee  or  compen- 
sation therefor.  To  do  so  renders  a  person  liable 
to  a  fine  of  from  ten  to  one  hundred  dollars,  confine- 
ment in  jail  for  from  ten  to  thirty  days,  or  both.^**^ 

333 


334  SOCIAL  LEGISLATION  IN  IOWA 

The  Thirty-second  General  Assembly  made  it  un- 
lawful to  engage  in  ball  games,  horse-racing,  or  other 
sports  or  entertainments  that  would  desecrate  Me- 
morial Day,  before  three  o'clock  in  the  afternoon. 
Violation  of  the  act  is  punishable  by  a  fine  of  from 
five  to  one  hundred  dollars  or  by  imprisonment  in 
the  county  jail  for  not  longer  than  thirty  days/** 

OBSCENITY 

The  first  law  in  relation  to  obscenity  to  be  passed 
since  1897  was  enacted  by  the  Twenty-eighth  Gen- 
eral Assembly  and  provided  that  one  using  blas- 
phemous or  obscene  language  in  public  could  be  fined 
or  imprisoned  but  not  both/*^  The  Thirty-third 
General  Assembly  made  it  a  misdemeanor  to  drink 
intoxicating  liquor  or  use  profane  or  indecent  lan- 
guage on  a  railway  train  or  street  car,  and  conduc- 
tors may  eject  persons  who  do  soJ*® 

In  1911  the  law  prohibiting  the  sale  or  distribution 
of  obscene  literature,  pictures,  and  articles  of  im- 
moral use  was  rewritten  so  as  to  include  post  cards 
of  such  a  character.  The  same  General  Assembly 
provided  that  the  water  closets  required  to  be  main- 
tained by  factories  should  be  kept  free  from  all  ob- 
scene writing  or  marking.^*^ 

UNCHASTITY 

In  1906  the  maximum  term  of  prison  confinement 
for  the  crime  of  incest  was  raised  to  twenty-five 
years.''**  First  cousins  were  added  by  the  Thirty- 
third  General  Assembly  to  the  consanguinity  and  af- 
finity list  to  which  the  crime  applies.''*^    The  Thirty- 


LAWS  PERTAINING  TO  PUBLIC  MORALS    335 

second  General  Assembly  provided  a  maximum  pen- 
alty of  three  years  imprisonment  in  the  penitentiary, 
six  montlis  in  the  county  jail,  or  a  fine  of  $500  for 
committing  any  lewd  act  intended  to  arouse  sexual 
passion  witli  a  child  under  thirteen  years  of  age."'' 

The  penalty  of  from  one  to  ten  years  in  the  pen- 
itentiary for  detaining  or  confining  any  girl  or  wo- 
man against  her  will  for  the  purposes  of  prostitution 
was  established  by  the  Thirty-third  General  Assem- 
bly."^ The  act  of  soliciting  another  to  have  carnal 
knowledge  with  any  woman  was,  by  the  Thirty-first 
General  Assembly,  made  an  offense  punishable  by 
imprisonment  in  the  penitentiary  for  not  exceeding 
five  years  or  in  the  county  jail  for  not  exceeding  one 
year,  a  fine  not  exceeding  $1000,  or  both  the  fine  and 
jail  imprisonment.''"  In  1913  punishment  for  the 
act  of  solicitation  was  made  applicable  to  women  as 
well  as  to  men."* 

It  was  in  1909  that  a  special  method  of  abatement 
of  houses  of  prostitution  as  nuisances  was  estab- 
lished. The  act  provides  that  the  county  attorney 
or  any  citizen  may  bring  action  for  a  perpetual  in- 
junction which,  if  sustained,  involves  the  assessment 
and  collection  of  a  tax  of  three  hundred  dollars.  For 
violation  of  such  an  injunction  a  person  is  held  guilty 
of  contempt  of  court  and  subject  to  a  fine  of  from 
$200  to  $1000,  imprisonment  in  jail  for  from  three 
to  six  months,  or  both  fine  and  imprisonment.  As 
soon  as  the  existence  of  such  a  nuisance  is  estab- 
lished an  order  of  abatement  directing  the  sale  and 
removal  of  the  fixtures  and  furniture  must  be  en- 


336  SOCIAL  LEGISLATION  IN  IOWA 

tered.  This  property  may  be  released  from  such 
confiscation,  however,  on  receipt  of  a  bond  from  the 
owner.^^* 

By  an  act  of  the  same  General  Assembly  keepers 
of  houses  of  ill  fame  were  made  liable  to  be  impris- 
oned in  the  penitentiary  for  from  one  to  five  years 
for  permitting  unmarried  women  under  eighteen 
years  of  age  to  live,  board,  stop,  or  room  at  such 
places/" 

THE    SALE   OF   INTOXICATING  LIQUORS  AND   NAECOTICS 

Since  the  Code  of  1897  there  have  been  no  funda- 
mental changes  in  the  regulation  of  the  liquor  traffic 
in  Iowa.  The  system  of  the  mulct  tax  —  neither 
prohibition  nor  license  —  has  been  retained.  Every 
General  Assembly,  however,  since  1897,  with  the  ex- 
ception of  the  Twenty-seventh,  has  had  a  hand  in 
making  some  modification.  The  number  of  saloons 
has  steadily  decreased.^^** 

The  Twenty-eighth  General  Assembly  began  by 
placing  the  ban  on  the  solicitation  of  orders  for  in- 
toxicating liquor  along  with  the  manufacture  and 
sale  thereof.  Moreover,  the  procuring  of  liquor  for 
a  minor,  inebriate,  or  intoxicated  person  was  made 
just  as  much  of  an  offense  as  the  selling  or  giving  of 
it,  while  the  penalty  was  specifically  made  applicable 
to  each  separate  offense.  A  permit-holder  was 
made  responsible  for  the  acts  of  his  partner.  By 
concurrent  resolution  of  the  same  General  Assembly 
the  Board  of  Regents  of  the  State  University  and 
the  Boards  of  Trustees  of  the  other  State  educa- 
tional institutions  were  requested  to  adopt  and  en- 


LAWS  PERTAINING  TO  PUBLIC  MORALS    337 

force  rules  against  the  use  of  intoxicating  li(iuor  by 
students/" 

In  1902  laws  making  only  teclmical  changes  were 
passed  in  relation  to  the  abatement  of  a  liquor  nui- 
sance, to  the  listing  of  places  where  liquor  is  sold 
and  the  assessment  of  the  mulct  tax,  and  to  the  sure- 
ty on  bonds  of  parties  keeping  intoxicating  liquors 
for  sale.'" 

A  ''bootlegger"  was  defined  by  the  Thirtieth  Gen- 
eral Assembly  as  one  who  shall  ''keep  or  carry 
around  on  his  person,  or  in  a  vehicle,  or  leave  in  a 
place  for  another  to  secure,  any  intoxicating  liquor 
.  .  .  .  with  intent  to  sell  or  dispose  of  the  same 
by  gift  or  otherwise,  in  violation  of  law",  and  the 
penalty  of  being  enjoined  for  such  conduct  was  es- 
tablished."^ 

The  same  General  Assembly  also  improved  the 
manner  of  bringing  and  prosecuting  injunction  ac- 
tions for  the  suppression  of  the  illegal  sale  of  intox- 
icating liquors,  and  required  that  the  county  auditor 
keep  a  special  "Mulct  Tax  Account".  An  applica- 
tion for  a  permit  to  sell  liquor  was  required  to  be 
published  not  "for  three  consecutive  weeks"  but 
"once  each  week"  for  three  consecutive  weeks."" 

The  General  Assembly  of  1906  amended  the  pro- 
cess for  the  collection  of  delinquent  mulct  taxes,  in- 
cluded cemeteries  among  the  places  within  three 
hundred  feet  of  which  saloons  must  not  be  main- 
tained, and  limited  the  validity  of  a  petition  of  con- 
sent to  a  period  of  five  years."^ 

The  penalty  for  the  sale  of  intoxicating  liquor  to 


338  SOCIAL  LEGISLATION  IN  IOWA 

minors,  drunkards,  and  intoxicated  persons  was 
changed  in  1907  from  a  fine  of  one  hundred  dollars 
to  one  of  not  less  than  twenty-five  nor  more  than  two 
hundred  dollars.  The  sale  of  liquor  within  a  mile 
of  a  permanent  military  post  or  reservation  estab- 
lished by  the  United  States  was  prohibited  and  the 
punishment  of  a  maximum  fine  of  fifty  dollars,  a 
term  in  the  county  jail  for  not  longer  than  thirty 
days,  or  both  the  fine  and  imprisonment  was  pro- 
vided for  each  offense  in  violation  of  the  law.  Fur- 
thermore, the  Thirty-second  General  Assembly  made 
the  mulct  tax  applicable  to  those  persons  who  engage 
in  the  business  of  storing  intoxicating  liquors  and 
collecting  the  purchase  price  for  the  owner  from 
those  to  whom  the  liquors  have  been  conditionally 
sold  or  from  those  not  authorized  by  law  to  sell 
them.^^^ 

The  passage  of  the  Moon  Law  was  one  of  the  im- 
portant pieces  of  work  accomplished  by  the  Thirty- 
third  General  Assembly.  This  act  limits  the  number 
of  persons  to  v/hom  consent  to  retail  liquor  as  a  bev- 
erage may  be  granted  to  one  for  every  one  thousand 
inhabitants,  but  in  towns  of  less  than  one  thousand 
population  one  person  may  still  be  permitted  to  op- 
erate. In  cities  and  towns  where  there  is  an  excess 
in  the  number  of  saloons,  however,  resolutions  of 
consent  need  not  be  Vvdthdrawn  nor  denied  renewal 
except  to  such  persons  as  sell  intoxicating  liquor  in 
violation  of  the  law,  and  persons  convicted  of  violat- 
ing the  liquor  laws  may  not  again  be  permitted  to 
sell  within  the  space  of  five  years."^ 


LAWS  PERTAINING  TO  PUBLIC  MORALS    339 

Another  significant  law  enacted  in  1909  relating  to 
the  sale  of  intoxicating  liquors  was  that  which  pro- 
hibited any  but  qualified  electors  of  the  locality  from 
retailing  liquor.  Persons,  firms,  associations,  or 
corporations  engaged  in  the  manufacture  of  intox- 
icating liquors,  or  officers,  members,  stockholders, 
agents,  or  employees  of  those  manufacturers  were 
also  excluded  from  any  connection  whatsoever  with 
the  retail  business.''^* 

Two  other  liquor  laws  were  passed  by  the  Thirty- 
third  General  Assembly.  One  made  some  technical 
changes  in  the  manner  of  disposing  of  money  de- 
rived from  the  mulct  tax;  and  the  other  prescribed 
a  blank  requisition  form  to  be  filled  out  and  signed 
in  ink  by  each  person  purchasing  liquor  of  a  phar- 
macist who  has  a  permit  to  sell.'^"  The  Thirty- 
fourth  General  Assembly,  however,  made  it  permis- 
sible for  permit-holders  to  fill  out  the  application 
blanks  themselves,  although  the  applicant  must  still 
sign  the  blank  in  person.  This  General  Assembly 
also  increased  the  penalty  for  the  first  offense 
against  the  law  prohibiting  the  manufacturing  and 
sale  of  liquor  by  making  the  maximum  fine  two  hun- 
dred in  place  of  one  hundred  dollars,  and  for  the 
second  and  subsequent  offenses  the  jail  sentence  was 
increased  to  one  year  instead  of  six  months.  The 
other  penalties  in  this  regard  remained  the  same.^^* 

Since  1911  wholesale  drug  companies  with  a  reg- 
istered pharmacist  in  their  employ  who  holds  a  per- 
mit may  sell  liquor  to  any  registered  pharmacist  do- 
ing a  general  business  in  the  State  and  to  licensed 


340  SOCIAL  LEGISLATION  IN  IOWA 

physicians.  For  shipment  the  liquor  may  be  en- 
closed in  the  same  box  or  package  as  other  drugs,  but 
the  bill  of  lading  must  state  the  amount  and  kind  of 
liquor  in  the  shipment."^ 

In  an  act  regulating  mines  and  mining,  intoxicated 
persons  and  intoxicants  were  excluded  from  all 
mines  and  the  surrounding  premises.'*® 

Finally,  the  Thirty-fourth  General  Assembly 
directed  the  county  attorney  of  each  county  to  secure 
quarterly  and  file  with  the  county  auditor  for  public 
inspection  a  list  of  the  names  of  persons  holding 
Federal  liquor  licenses,  except  those  operating  under 
the  mulct  law  and  permit-holding  pharmacists.  The 
possession  of  a  Federal  liquor  license  by  any  others 
is  deemed  prima  facie  evidence  of  the  violation  of 
the  liquor  laws  of  the  State. ^^^ 

Aside  from  giving  the  county  attorney  power  to 
require  peace  officers  to  make  special  investigations 
of  alleged  infractions  and  report  in  writing,  and  the 
prohibition  of  bringing  intoxicants  into  certain  State 
institutions,  three  liquor  laws  of  importance  were 
placed  upon  the  statute  books  by  the  Thirty-fifth 
General  Assembly.""  One  law  reduced  the  hours 
during  which  saloons  may  remain  open  from  between 
five  A.  M.  and  ten  P.  M.  to  between  seven  A.  M.  and 
nine  P.  M. 

Another  law  adopted  in  1913  was  the  much  mooted 
''Five  Mile  Bill"  which  prohibits  the  sale  of  intox- 
icating liquors  within  five  miles  of  any  normal 
school,  college,  or  university  mider  the  State  Board 
of  Education.     The  law  does  not,  however,  atfect  the 


LAWS  PERTAINING  TO  PUBLIC  MORALS    341 

manufacture  of  beer,  nor  does  it  go  into  effect  until 
the  petitions  of  consent  granted  prior  to  the  enact- 
ment of  the  law  expire.  Asa  matter  of  fact  circum- 
stances are  such  that  tlie  law  applies  only  to  Iowa 
City  where  the  petitions  of  consent  expire  on  July  1, 
1916. 

The  third  liquor  law  passed  by  the  Thirty-fifth 
General  Assembly  was  a  modification  of  the  Moon 
Law  in  its  application  to  special  charter  cities.  It 
provides  that  resolutions  of  consent  must  be  with- 
drawn by  July  1, 1913,  from  one-third  of  the  number 
of  saloons  in  excess  of  the  ratio  of  one  to  every  one 
thousand  inhabitants,  from  one-half  of  the  remain- 
ing number  in  excess  by  July  1,  1914,  and  by  July  1, 
1915,  all  the  petitions  of  consent  in  excess  of  the  legal 
number  must  be  extinguished. 

In  1913  a  law  was  placed  among  the  statute  books 
of  the  State  which  empowers  the  principal  of  a  coun- 
ty high  school  to  prohibit  the  use  of  tobacco  in  any 
form  by  any  student  under  his  jurisdiction.  The 
school  board  is  given  the  same  control  over  pupils  in 
the  grade  schools.  The  method  of  enforcement  is 
through  punishment  by  the  suspension  or  expulsion 
of  the  offender  from  scliool.^^^ 

In  1909  the  issuance  of  a  search  warrant  and  the 
seizure  and  destruction  of  cigarettes  and  cigarette 
papers  were  authorized  upon  information  being 
filed  on  oath  by  any  reputable  citizen;  and  the  dis- 
covery of  cigarettes  or  cigarette  papers  in  any  pub- 
lic place  was  designated  as  prima  facie  evidence  of 


342  SOCIAL  LEGISLATION  IN  IOWA 

the  violation  of  the  law,  whereupon  the  mulct  tax  of 
three  hundred  dollars  is  to  be  levied  and  collected. 
The  same  General  Assembly  made  it  unlawful  for 
any  person  under  twenty-one  years  of  age  "to  smoke 
or  use  a  cigarette  or  cigarettes  on  the  premises  of 
another,  or  on  any  public  road,  street,  alley  or  park 
or  other  lands  used  for  public  purposes  or  in  any 
public  place  of  business  or  amusement,  except  when 
in  company  of  his  parent  or  guardian."  Anyone 
guilty  of  such  an  act  is  liable  to  be  fined  not  exceed- 
ing ten  dollars  or  imprisoned  in  the  county  jail  for 
not  exceeding  three  days,  but  the  sentence  may  be 
suspended  if  the  person  will  give  evidence  leading  to 
the  arrest  of  the  one  from  whom  the  cigarettes  or 
cigarette  papers  were  obtained.^^^ 

In  1913  the  bringing  of  opium  into  certain  State 
institutions  was  prohibited  along  mth  intoxicating 
liquors. '^^^ 

VITIATING  INFLUENCES 

The  Thirtieth  General  Assembly  decreed  that ' '  no 
bills,  posters  or  other  matter  used  to  advertise  the 
sales  of  intoxicating  liquors  or  tobacco  shall  be  dis- 
tributed posted  painted  or  maintained  within  four 
hundred  feet  of  premises  occupied  by  a  public  school 
or  used  for  school  purposes".  The  maximum  fine  or 
imprisonment  was  fixed  at  one  hundred  dollars  or 
thirty  days.^^* 

In  1907  cities  and  towns  were  empowered  "to  reg- 
ulate, define,  tax,  license  or  prohibit  public  dance 
halls,  skating  rinks,  fortune-tellers,  palmists,  and 
clairvoyants",  to  regulate  the  construction  and  loca- 


LAWS  PERTAINING  TO  PUBLIC  MORALS     343 

tion  of  bill-boards,  and  to  license  and  tax  the  owners 
or  persons  maintaining^  thera.''"^ 

Finally,  secret  societies  and  fraternities  have  been 
prohibited  in  public  schools  since  1909.  The  en- 
forcement of  the  law  is  in  the  hands  of  the  directors, 
who  liave  power  to  suspend,  expel,  or  exclude  from 
i^raduation  or  participation  in  school  honors  any 
pupil  who  violates  the  rules  laid  down.  Further- 
more, it  is  a  misdemeanor  for  anyone  outside  of 
school  to  solicit  a  pupil  while  at  school  to  join  any 
society  or  fraternity  organized  outside  of  the  school, 
and  the  penalty  for  so  doing  is  a  fine  of  not  less  than 
two  nor  more  than  ten  dollars,  or  imprisonment  for 
not  longer  than  ten  days  if  the  fine  is  not  paid."" 

The  Twenty-eighth  General  Assembly  gave  cities 
power  to  suppress,  restrain,  and  prohibit  gambling- 
houses  and  punish  the  keepers  and  frequenters 
thereof.'"  In  1911  it  was  made  unlawful  for  any- 
one to  possess  a  roulette  wheel,  klondyke  table,  poker 
table,  faro,  or  keno  layout  except  for  the  purpose  of 
destruction,  and  provision  was  made  for  the  seizure 
and  destruction  of  such  instruments."^ 

CRUELTY  TO  ANIMALS 

The  Thirtieth  General  Assembly  made  it  unlawful 
to  dock  horses'  tails  in  Iowa,  and  anyone  doing  so 
may  be  fined  as  much  as  one  hundred  dollars  or  im- 
prisoned for  as  many  as  thirty  days."^ 

In  1907  the  section  relating  to  cruelty  to  animals 
as  found  in  the  Code  of  1897  w^as  rewritten  and  the 
provision  added  that  "whether  the  acts  or  omissions. 


344  SOCIAL  LEGISLATION  IN  IOWA 

herein  contemplated  be  committed  either  malicious- 
ly, willful]}^  or  negligently"  the  punishment  shall 
remain  the  same.^°° 


XVIII 

LEGISLATION  GOVERNING  DOMESTIC 
RELATIONS 

The  regulations  of  domestic  relations  is  one  of  the 
oldest  forms  of  social  legislation. ^"^  In  Iowa  the 
laws  governing  family  life  have  not  kept  pace  with 
other  phases  of  social  regulation  and  reform.  While 
the  existing  statutes  are  far  from  perfect  there  has 
in  recent  years  been  but  little  effort  to  better  condi- 
tions. 

It  w^as  in  1902  that  the  right  of  inheritance  was 
declared  to  be  the  same  between  parents  and  chil- 
dren by  adoption  as  between  parents  and  children 
of  lawful  birth.«°-' 

The  Thirty-first  General  Assembly  passed  an  act 
which  required  that  divorces  as  well  as  marriages 
should  be  recorded  by  the  clerk  of  the  district  court 
and  reported  by  him  to  the  secretary  of  the  State 
Board  of  Health.  The  time  of  making  such  reports 
was  changed  from  June  1st  to  August  1st,  and  the 
data  to  be  included  was  to  be  for  the  year  ending  on 
June  30th  previous  instead  of  on  December  31st. 
The  section  in  the  Code  of  1897  of  which  this  act  was 
amendatory  was  repealed  by  the  same  General  As- 
sembly a  month  and  a  half  later,  but  no  alterations 
appeared  in  the  substitute  act.®"' 

345 


346  SOCIAL  LEGISLATION  IN  IOWA 

Since  1907  neither  party  to  a  divorce  has  been  able 
to  marry  again  within  a  year  from  the  date  of  the 
filing  of  the  decree  unless  special  permission  to  do 
so  is  granted  by  the  court  in  the  decision,  but  the 
persons  divorced  may  again  marry  each  other  at  any 
time.^°* 

It  was  also  in  1907  that  desertion  was  defined  and 
made  a  penitentiary  offense.  ''Every  person  who 
shall,  without  good  cause,"  reads  the  law,  ''willfully 
neglect  or  refuse  to  maintain  or  provide  for  his  wife, 
she  being  in  a  destitute  condition,  or  who  shall,  with- 
out good  cause,  abandon  his  or  her  legitimate  or 
legally  adopted  child  or  children  under  the  age  of 
sixteen  years,  leaving  such  child  or  children  in  a 
destitute  condition,  or  shall,  without  good  cause, 
willfully  neglect  or  refuse  to  provide  for  such  child 
or  children  they  being  in  a  destitute  condition,  shall 
be  deemed  guilty  of  desertion  and,  upon  conviction, 
shall  be  punished  by  imprisonment  in  the  peniten- 
tiary for  not  more  than  one  year,  or  by  imprisonment 
in  the  county  jail  for  not  more  than  six  months. ' '  In 
this  instance  a  husband  or  wife  may  testify  against 
the  other  but  can  not  be  compelled  to  do  so.  If,  how- 
ever, the  person  accused  should,  before  sentence  is 
pronounced,  give  a  bond  of  not  exceeding  $1000  for 
the  necessary  support  he  may  be  released.*"^ 

First  cousins  can  no  longer  obtain  a  license  to 
marry.^°^  Laws  restricting  the  marriage  of  epilep- 
tics and  syphilitics  were  declared  to  be  null  and  void 
by  the  Thirty-fifth  General  Assembly  providing  such 
persons  submit  to  being  asexualized.     The  returns 


LAWS  GOVERNING  DOMESTIC  RELATIONS  347 

of  the  performance  of  all  marriage  ceremonies  must 
now  be  made  within  fifteen  days.  In  1913  all  the 
decrees  of  courts  to  annul  marriages  in  whicli  the 
service  of  the  original  notice  had  been  made  by  pub- 
lication (whereas  the  law  now  requires  such  notice  to 
be  given  by  personal  service)  were  validated. ^°^ 


NOTES  AND  EEFERENCES 


NOTES  AND  REFERENCES 

CHAPTER  I 

1  "Therefore,  if  government  could  be  in  the  hands  of  social  scien- 
tists instead  of  social  empiricists,  it  might  be  elevated  to  the  rank 
of  an  applied  science,  or  the  simple  application  of  the  scientific 
principles  of  social  ])henomena.  .  .  .  Society,  possessed  for  the 
first  time  of  a  completely  integrated  consciousness,  could  at  last 
proceed  to  map  out  a  field  of  independent  operation  for  the  systematic 
realization  of  its  own  interests".  —  Ward's  Di/namic  Sociology,  Vol. 
II,  p.  249. 

2  Woodrow  Wilson  prefers  to  characterize  paternalistic  legislation 
as  "interference",  holding  that  "the  state  should  do  nothing  which 
is  equally  possible  under  equitable  conditions  to  optional  associa- 
tions". He  describes  regulation  as  the  "equalization  of  the  condi- 
tions of  endeavor ".  — Wilson 's  The  State,  pp.  633,  636,  637. 

3  ' '  Social  legislation  is  a  vague  term,  for  the  law  itself,  in  its 
traditional  as  well  as  in  its  imperative  element,  is  a  social  mechanism, 
and  all  legislation  therefore,  in  one  aspect  at  least,  is  social. ' '  — 
James's  Some  Implications  of  Remedial  and  Preventive  Legislation 
in  the  United  States  in  The  American  Journal  of  Sociology,  Vol. 
XVIII,  p.  771. 

4  Willoughby,  having  divided  the  functions  of  the  state  into 
"essential"  and  "non-essential"  elements  after  this  fashion,  pro- 
ceeds to  classify  those  functions  which  pertain  to  the  economic,  in- 
dustrial, and  moral  interests  of  the  people  as  being  ' '  socialistic ' '  or 
"non-socialistic".  The  former  include  those  things  which  will  be 
done  by  society,  such  as  the  operation  of  railroads  and  telegraph 
lines,  and  the  latter  those  which  if  undertaken  at  all  must  be  done 
by  the  government,  public  education  being  an  instance  in  point.  — 
Willoughby 's  The  Nature  of  the  State,  pp.  309-350. 

5  James's  Some  Implications  of  Remedial  and  Preventive  Legisla- 
tion in  the  United  States  in  The  American  Journal  of  Sociology,  Vol. 

851 


352  SOCIAL  LEGISLATION  IN  IOWA 

XVIII,  pp.  781-783.  At  the  same  time,  "social  interference  should 
not  be  so  paternal  as  to  check  the  self -extinction  of  the  morally  ill- 
constituted",  and  conversely,  neither  should  it  "so  limit  the  struggle 
for  existence  as  to  nullify  the  selective  process. ' '  —  Eoss  's  Social 
Control,  pp.  423,  425. 

ejenk's  Governmental  Action  for  Social  Welfare,  p.  124. 

"  Louisiana,  New  Mexico,  and  Arizona,  for  historical  reasons,  de- 
rive much  of  their  law  from  the  continental  system  which  is  based  on 
the  Civil  Law  of  Eome.  Of  the  States  retaining  the  Common  Law, 
some  have  enacted  its  principles  into  statutory  form,  still  more  have 
made  legislative  additions  to  it,  but  very  little  of  it  has  been  re- 
pealed and  not  much  changed.  Some  of  the  States,  including  Iowa, 
have  codified  the  Common  Law,  which  means  almost  complete  enact- 
ment, and  in  this  State  there  are  no  Common  Law  crimes,  nor  are 
there  any  offenses,  legally,  except  those  specifically  designated  in  the 
statutes.  —  Stimson  's  State  Statute  and  Common  Law  in  the  Political 
Science  Quarterly,  Vol.  II,  pp.  115,  116. 

CHAPTER    II 

s  It  is  significant  that  by  1911  comment  became  so  frequent  that 
in  the  Readers'  Guide  to  Periodical  Literature  a  separate  topic  was 
made  of  social  legislation  as  distinct  from  legislation  in  general. 

9  Beard's  American  Government  and  Politics,  pp.  722,  723;  Lea- 
cock's  Elements  of  Political  Science,  pp.  364,  365. 

10  Ward's  Applied  Sociology,  p.  13. 

iiMerriam's  A  History  of  American  Political  Theories,  pp.  47-55, 
60-63;  Merriam's  Outlool'  for  Social  Politics  in  the  United  States  in 
Tlie  American  Journal  of  Sociology,  Vol.  XVIII,  p.  676;  Beard's 
American  Government  and  Politics,  p.  723. 

12  Merriam  's  A  History  of  American  Political  Theories,  pp.  76-83. 

isGibbins's  The  Industrial  History  of  England,  pp.  70-71,  78-81, 
83,  106,  107,  142;  Traill's  Social  England,  Vol.  Ill,  pp.  30-32,  114- 
118;   Terry's  A  History  of  England,  p.  996. 

14  Beard's  American  Government  and  Politics,  p.  732;  Ely's 
Studies  in  the  Evolution  of  Industrial  Society,  p.  58. 


NOTES  AND  REFERENCES  353 

15  The  "corn  laws"  were  protective  tariffs  which  jiraftically  pro- 
hibited the  importation  of  foreign  grain  except  when  the  market  rose 
to  famine  prices. 

1"  Bosanquct 's  The  Strength  of  the  People,  \^\^.  145-149,  154,  155; 
Gibbins's  The  Industrial  History  of  England,  pp.  178-181,  187,  188. 

17  Dicey 's  Law  and  Opinion  in  England,  pp.  63,  106,  114,  125-1:51; 
Gibbins's  The  Industrial  History  of  England,  p.  181. 

18  The  regulation  of  labor  conditions  which  began  in  the  factories 
was  later  extended  to  include  mining  and  other  industries.  Through- 
out the  whole  struggle  for  the  betterment  of  factory  employment  the 
land-owners  took  sides  with  the  working  people  and  wliile  they  suc- 
ceeded in  passing  the  Factory  Acts  the  manufacturers,  with  the  sup- 
port of  the  industrial  classes,  secured  the  repeal  of  the  "corn  laws" 
in  retaliation.  —  Bosanquet's  The  Strength  of  the  People,  p.  167; 
Gibbins's  The  Industrial  History  of  England,  p.  185. 

19  Ely's  Studies  in  the  Evolution  of  Industrial  Society,  p.  60.  The 
organization  of  the  working  classes  first  found  expression  in  the 
Chartist  movement.  The  Combination  Laws  had  prevented  working- 
men  from  meeting  to  deliberate  over  their  various  industrial  interests 
and  the  Eeform  Act  of  1832  had  merely  transferred  the  control  in 
Parliament  from  the  upper  to  the  middle  classes  without  improving 
the  condition  of  the  workingmen.  Associations  were  thereupon  formed 
among  industrial  workers  who  deinande<i  universal  suffrage,  aboli- 
tion of  projierty  qualifications  for  members  of  Parliament,  annual 
Parliaments,  equal  representation,  compensation  for  members  of  Par- 
liament, and  vote  by  ballot.  Nothing  definite  was  accomplished  and 
the  Chartist  agitation  died  out  in  1848.  —  Terry 's  A  History  of  Eng- 
land, pp.  1002,  1003;  Green's  A  Short  History  of  the  English  People, 
pp.  839,  840. 

20  Gibbins's  The  Industrial  History  of  England,  pp.  183-185;  Bo- 
sanquet's The  Strength  of  the  People,  pp.  212-216;  Dicey 's  Laiv  and 
Opinion  in  England,  pp.  266,  272,  282-285. 

21  Bosanquet's  The  Strength  of  the  People,  pp.  165,  166;  Dicey 's 
Law  and  Opinion  in  England,  p.  291. 

22  Beard's  American  Government  and  Politics,  p.  722;  Hart's  ^a- 
tional  Ideals  Historically  Traced  in  The  American  Nation  Series,  pp. 
234,  235;  Leacock's  Elements  of  Political  Science,  p.  387. 


354  SOCIAL  LEGISLATION  IN  IOWA 

23  Fairlie  's  Local  Government  in  Counties,  Towns,  and  Villages, 
pp.  215,  225,  237. 

24  Fairlie 's  Local  Government  in  Counties,  Towns,  and  Villages, 
p.  215;  Beard's  American  Government  and  Politics,  pp.  748,  749. 

25  Fairlie 's  Local  Government  in  Counties,  Towns,  and  Villages, 
pp.  225,  226;  Proceedings  of  the  Annual  Congress  of  the  American 
Prison  Association,  1913,  pp.  445-450.  Prior  to  the  establishment 
of  State  prisons  other  forms  of  punishment  were  more  common  than 
confinement.  "The  tread-mill  was  always  going.  The  pillory  and 
the  stocks  were  never  empty.  The  shears,  the  branding-iron,  and 
the  lash  were  never  idle  for  a  day. ' '  —  McMaster  's  A  History  of  the 
People  of  the  United  States,  Vol.  I,  p.  100. 

26Merriam's  A  History  of  American  Political  Theories,  pp.  176- 
178;   Beard's  American  Government  and  Politics,  pp.  108-111. 

27Merriam's  A  History  of  American  Political  Theories,  p.  187. 

28Merriam's  A  History  of  American  Political  Theories,  pp.  216, 
217;  McMaster 's  A  History  of  the  People  of  the  United  States,  Vol. 
VII,  pp.  135-151,  153-157,  183,  185;  The  Americana  Encyclopedia, 
Vol.  IX,  under  the  heading  of  Lottery;  Debar 's  Prohibition:  Its 
Belation  to  Good  Government,  pp.  7-13. 

29  Fairlie 's  Local  Government  in  Counties,  Towns,  and  Villages, 
pp.   226,  227. 

31  Fairlie 's  Local  Government  in  Counties,  Towns,  and  Villages, 
pp.  227-229;  McMaster 's  A  History  of  the  People  of  the  United 
States,  Vol.  VII,  pp.   151-153. 

31  Fairlie 's  Local  Government  in  Counties,  Towns,  and  Villages, 
pp.  237-246;  Beard's  American  Government  and  Politics,  pp.  742,  743. 

32Merriam's  A  History  of  American  Political  Theories,  pp.  304, 
322;  Leacock's  Elements  of  Political  Science,  pp.  386,  387;  Ely's 
Studies  in  the  Evolution  of  Industrial  Society,  p.  88. 

33  Ely 's  Studies  in  the  Evolution  of  Industrial  Society,  pp.  89,  98, 
99,  446,  447;  Adams's  Economics  and  Jurisprudence  in  the  American 
Economic  Association  Studies,  Vol.  II,  pp.  14,  15  (1897);  Leacock's 
Elements  of  Political  Science,  p.  369;  Merriam's  Outlook  for  Social 
Politics  in  the  United  States  in  The  American  Journal  of  Sociology, 
Vol.  XVIII,  pp.  683-685. 


NOTES  AND  REFERENCES  355 

34Merriam'B  Outlook  for  Social  Politics  in  the  United  States  in 
The  American  Journal  of  Sociology,  Vol.  XVIII,  pp.  677-679,  686, 
687;  Beard's  American  Government  and  Politics,  p.  742.  Even  as 
late  as  1911  the  Court  of  Aj)pea]s  of  New  York  said,  "Under  our 
form  of  government,  however,  courts  must  regard  all  economic,  phil- 
osophical, and  moral  theories,  attractive  and  desirable  though  they 
may  be,  as  subordinate  to  the  primary  question  whether  they  can  be 
molded  into  statutes  without  infringing  upon  the  letter  or  spirit  of 
our  written  constitutions."  —  Pound's  Social  Problems  and  the  Courts 
in  The  American  Journal  of  Sociology,  Vol.  XVIII,  p.  334. 

35Merriam's  American  Political  Theories,  pp.  316,  322,  343-345; 
Ely's  Studies  in  the  Evolution  of  Industrial  Society,  pp.  62-65;  James 
in  the  Publications  of  the  American  Economic  Association  (First 
Series,  1887),  Vol.  I,  p.  26. 

30  James's  Some  Implications  of  Remedial  and  Preventive  Legis- 
lation in  the  United  States  in  The  American  Journal  of  Sociology, 
Vol.  XVIII,  pp.  769,  783. 

CHAPTER   III 

3T  In  1839  the  Judicial  Committee  of  the  House  reported  a  list  of 
thirty-four  acts  of  the  Territories  of  Wisconsin  and  Michigan  which 
were  in  force  in  Iowa.  —  House  Journal,  Territory  of  Iowa,  1839- 
1840,  pp.  51,  52. 

3/8  Henderson 's  An  Introduction  to  the  Study  of  Dependent,  De- 
fective and  Delinquent  Classes  (Second  Edition),  p.  8. 

39  Insane  persons  have  no  right  to  vote  and  are  not  responsible 
for  acts  which  in  others  would  be  criminal,  while  every  precaution 
is  taken  lest  they  be  punished  contrary  to  law.  —  Constitution,  Art. 
II,  Sec.  5;  Ebersole's  Encyclopedia  of  Iowa  Law,  p.  103. 

The  duties  of  guardians  of  insane  persons  in  respect  to  the  man- 
agement of  property  are  by  statute  the  same  as  those  of  guardians 
of  minors.  —  Gates  vs.  Carpenter,  43  Iowa  152,  at  154;  Revision  of 
1860,  Sec.  1451. 

•10  Laws  of  the  Territory  of  Iowa,  1838-1839,  pp.  74,  275,  276. 

41  Henderson 's  An  Introduction  to  the  Study  of  Dependent,  De- 
fective and  Delinquent  Classes  (Second  Edition),  p.  8. 


356  SOCIAL  LEGISLATION  IN  IOWA 

i2Laws  of  the  Territory  of  Iowa,  1838-1839,  pp.  120,  121,  142, 
170-172. 

43  Laics  of  the  Territory  of  Iowa,  1838-1839,  pp.  158,  159,  365-369, 
443,  445,  446,  455,  456. 

44  Loirs  of  the  Territory  of  Iowa,  1838-1839,  pp.  327-329,  447-450, 
457. 

45  Laws  of  the  Territory  of  Iowa,  1838-1839,  pp.  142-147,  155,  156, 
160-166,  172,  221-224,  274,  401,  513,  514, 

46  Laws  of  the  Territory  of  Iowa,  1838-1839,  pp.  47-49,  179,  180, 
347-350. 

Professor  George  Elliott  Howard  defines  domestic  relations  as  the 
"trinity  of  institutions,  marriage,  family,  and  the  home"  constituted 
of  the  ' '  triad  of  personalities,  the  father,  mother,  and  child ' '.  — 
Howard's  Social  Control  of  the  Domestic  Relations  in  The  American 
Journal  of  Sociology,  Vol.  XVI,  p.  805. 

The  first  class  legislation  in  Iowa  was  an  act  of  the  first  Legis- 
lative Assembly  relative  to  blacks  and  mulattoes.  Before  entering 
the  Territory  they  had  to  show  a  certificate  of  freedom  and  give  a 
bond  of  five  hundred  dollars  to  insure  good  behavior.  Anyone  hiring 
a  colored  person  who  had  not  complied  with  these  provisions  became 
subject  to  a  fine  of  from  five  to  one  hundred  dollars.  —  Laws  of  the 
Territory  of  Iowa,  1838-1839,  pp.  65-67. 

47  The  first  poor  law  was  passed  in  1840.  It  vested  the  county 
commissioners  with  "entire  and  exclusive  superintendence  of  the 
poor",  made  parents  and  children  responsible  for  the  support  of 
each  other,  and  laid  down  rules  governing  settlement.  —  Laws  of  the 
Territory  of  Iowa,  1839-1840,  pp.  83,  84. 

48  Ecvised  Statutes  of  the  Territory  of  Iowa,  1842-1843,  pp.  490- 
498. 

49  Revised  Statutes  of  the  Territory  of  Iowa,  1842-1843,  pp.  285-291. 

-o(^  Revised  Statutes  of  the  Territory  of  Iowa,  1842-1843,  pp.  211, 
212,  235,  236,  483-490. 

51  Revised  Statutes  of  the  Territory  of  Iowa,  1842-1843,  pp.  171, 
191,  273-277,  294,  295,  613.  It  is  interesting  to  observe  that  up  until 
1858,  when  general  banking  was  authorized,  banking  associations 
were  classed  with  lotteries  as  constituting  offenses  against  the  public 
policy.  —  Code  of  1851,  p.  378 ;  Revision  of  1860,  p.  749. 


NOTES  AND  REFERENCES  357 

52  Eevised  Statutes  of  the  Territory  of  Iowa,  1842-1843,  pp.  198- 
201,  237-241,  434-437. 

53  Eevised  Statutes  of  the  Territory  of  Iowa,  1842-1843,  p.  475. 

CHAPTER  IV 

5*  Code  of  1851,  Sees.  224,  786-847. 
55  Code  of  1851,  Sees.  1186-1189. 
50  Code  of  1851,  Sees.  857,  862. 

57  Code  of  1851,  Sees.  48,  148,  149,  3105. 

The  Code  of  1873  stipulated  that  the  Secretary  of  State  should 
report  criminal  returns  to  tlie  Governor  before  each  regular  session 
of  the  General  Assembly  ratlier  than  to  the  legislature  direct.  In 
tlie  Code  of  1897  it  was  provided  that  the  sheriff's  calendar  should 
contain  in  addition  to  the  items  already  mentioned,  the  term  of  com- 
mitment of  prisoners  and  a  record  of  their  occupation,  education,  and 
general  habits.  The  county  auditor  was  to  give  the  clerk  of  the 
court  the  data  relative  to  expenditures  for  criminal  prosecutions.  — 
Code  of  1873,  Sec.  63 ;  Code  of  1897,  Sees.  475,  5641. 

58  Code  of  1851,  Sees.  2817,  2818,  2565,  2569,  2676,  3211. 

59  Code  of  1851,  Sees.  3103,  3104,  3108,  3110.  The  district  clerk 
was  substituted  for  tlie  judge  as  jail  inspector  in  the  law  as  found 
in  the  Code  of  1897,  Sec.  5645. 

«o  Code  of  1851,  Sees.  2668,  3071,  3107,  3109,  3115,  3116,  3268. 

There  can  not  be  imprisonment  for  the  non-payment  of  a  fine, 
however,  except  when  the  judgment  so  orders.  Lanpher  vs.  Dewell, 
56  Iowa  153,  at  156.  Furthermore,  when  a  poor  person  imprisoned 
for  the  non-payment  of  a  fine  is  liberated  after  thirty  days  tlie  judg- 
ment against  him  is  cancelled  thereby.  —  State  vs.  Van  Vleet,  23 
Iowa  168;  State  vs.  Peck,  37  Iowa  342. 

«i  Code  of  1851,  Sees.  3120-3142,  3144,  3153.  The  inspectors  were 
allowed  for  their  services  three  dollars  a  day  for  each  day  actually 
occupied  in  inspecting  the  prison,  while  the  warden  received  five 
hundred  dollars  a  year.  —  Code  of  1851,  Sec.  3154. 

'•2  Code  of  1851,  Sees.  3118,  3119,  3143,  3145,  3146,  3148-3152. 

63  Code  of  1851,  Sees.  2661-2667,  3147. 


358  SOCIAL  LEGISLATION  IN  IOWA 

6*  Constitution  of  Iowa,  Art.  IV,  Sec.  13;  Code  of  1851,  Sees. 
3278-3281. 

C5  Code  of  1851,  Sees.  3310-3321. 

68  Code  of  1851,  Sees.  1005,  1010,  1490,  1901.  The  exemption  of 
earnings  from  execution  applies  to  professional  men  as  well  as  to 
laborers.  —  McCoy  vs.  Cornell,  Ward  &  Comings,  40  Iowa  457. 

67  Code  of  1851,  Sees.  2725-2727,  2729. 

68  Code  of  1851,  Sees.  2131-2133,  2759-2766.  This  penalty  applies 
to  all  the  nuisances  named  above. 

69  Code  of  1851,  Sees.  515,  516,  577,  582. 
TO  Code  of  1851,  Sees.  2596,  2728. 

71  Code  of  1851,  Sees.  2565-2577,  2585,  2588,  2589,  2591,  2593, 
2594,    2597. 

72  Code  of  1851,  Sees.  2673,  2718,  2719,  2738-2743. 

73  Code  of  1851,  Sec.  2717. 

74  Code  of  1581,  Sees.  1482,  2584,  2705,  2706,  2708,  2709,  3310. 
For  the  violation  of  sejjulehre  and  indecent  exposure  of  dead  human 
bodies  offenders  were  punishable  by  imprisonment  in  jail  for  not 
exceeding  a  year,  by  being  fined  not  over  $1000,  or  both.  —  Code  of 
1851,  Sec.  2714. 

75  Code  of  1851,  Sees.  2710-2713,  2761,  3310. 

76  Code  of  1851,  Sees.  2581-2583,  2586,   2587,  2592. 

77  Code  of  1851,  Sees.  924-936,  2735.  The  law  prohibiting  the  sale 
of  intoxicating  liquor  by  the  glass  was  held  to  be  constitutional  by 
the  Supreme  Court  of  Iowa  in  1854.  —  Zumhoff  vs.  State,  4  Green 
526. 

78  Code  of  1851,    Sees.   2721-2724,   2730,    2761. 

Under  the  section  prohibiting  gambling  and  betting  the  Supreme 
Court  of  Iowa  has  on  two  occasions  held  that  to  play  billiards  and 
pool  with  the  agreement  that  the  loser  should  pay  for  the  game  is 
gambling  and  that  such  persons  are  guilty  of  a  misdemeanor.  — 
State  vs.  Book,  41  Iowa  550,  at  552;  State  vs.  Miller  and  Kremling, 
53  Iowa  154,  at  155. 

79  Code  of  1851,  Sec.  2716. 


.  NOTES  AND  REFERENCES        359 

80  Code  of  1851,  Sees.  1464,  1465,  1472,  1479,  1482,  1487,  1542, 
2256,  2391. 

CHAPTER  V 

81  Revision  of  1860,  Sees.  312,  1111.  Special  charter  cities  were 
allowed  to  maintain  an  infirmary  and  distribute  outdoor  relief  ac- 
cording to  the  Code  of  18D7  (Sec.  957)  while  commission-governed 
cities  were  admitted  to  tlie  same  privilege  in  1907  {Laics  of  lotva, 
1907,  p.   39.) 

62Eevision  of  1860,  Sees.  2141,  2144,  2147,  2153,  2155-2157. 

Persons  not  residents  of  the  State,  otherwise  eligible  to  admittance 
in  either  asylum  were  to  be  granted  the  benefits  of  those  institutions 
ujion  the  payment  of  thirty-five  dollars  a  quarter  in  advance.  — 
Revision  of  1860,  Sees.  2148,  2160. 

f^3  Revision  of  1860,  Sees.  1425,  1436-1439,  1442,  1458-1465,  1467.. 
1468,  1471,  1474,   1478,  1479,  1483,  1494,  1495. 

Concerning  the  distinction  between  insanity  and  idiocy  the  Su- 
preme Court  of  Iowa  decided  in  1885  that  a  girl  who,  being  of  sound 
mind  until  nine  years  of  age,  then  became  affected  with  epilepsy 
and  gradually  lost  her  reason  until  she  was  unable  to  take  the 
slightest  care  of  herself  and  in  common  parlance  was  termed  an 
idiot,  was  technically  insane,  for  the  term  idiot  according  to  statute 
was  ' '  restricted  to  ])ersons  foolisli  from  birth,  supposed  to  be  natur- 
ally without  mind. ' '  —  Speedling  vs.  Worth  County,  68  Iowa  152, 
at  153. 

»*  Revision  of  1860,  Sees.  1449-1457. 

»5  The  American  Year  Bool;  1910,  p.  458;  Revision  of  1860,  Sec. 
1112. 

By  setting  children  aj)art  for  a  special  mode  of  treatment  a  third 
class  of  delinquents  —  juvenile  delinquents  —  was  created  in  Iowa: 
criminals  and  vagrants  constitute  the  other  two  classes. 

86  Revision  of  1860,  Sees.  1116,  4881. 

8T  Revision  of  1860,  Sees.  5153,  5157,  5173-5189,  5196.  The  salary 
of  the  warden  was  $1000  a  year,  that  of  the  clerk  and  deputy  war- 
den $750  a  year,  the  chaplain  was  to  be  paid  at  the  rate  of  $500  a 
year  for  the  time  actually  employed,  and  night  guards  were  to  re- 
ceive $50,  wall  guards  $40,  and  shop  guards  $30  a  month  for  their 
services.  —  Revision  of  1860,  Sees.  5190-5193. 


360  SOCIAL  LEGISLATION  IN  IOWA 

88  Eevision  of  1860,  Sees.  5161,  5167,  5169. 

^^Eevision  of  1S60,  Sees.  5116-5121.  In  1872  the  Governor  was 
allowed  to  take  testimony  from  persons  having  it  to  offer  in  cases 
of  application  for  pardons,  reprieves,  commutations  or  the  remission 
of  fines.  —  Laws  of  Iowa,  1872  (Public),  p.  103. 

90  Eevision  of  1860,  Sees.  1846,  1854,  1872,  3294. 

91  Eevision  of  1860,  Sees.  1057,  1064,  1070,  1096,  1097,  1110.  The 
power  of  cities  to  abate  nuisances  did  not  authorize  them  to  punish 
such  offenders.  —  Nevada  vs.  Hutchins,  59  Iowa  506 ;  Knoxville  vs. 
Chicago,  Burlington  &  Quincy  Kailroad  Company,  83  Iowa  636 ; 
Chariton  vs.  Barber,  54  Iowa  360. 

S2  Eevision  of  1860,  Sees.  4371,  4376. 

93  Eevision  of  1860,  Sees.  1057,  1058. 

94  Eevision  of  1860,  Sees.  1096,  1763-1768. 

95  Eevision  of  1860,  Sees.  908,  1057,  1097,  1331,  4331.  The  re- 
sponsibility of  cities  and  towns  to  construct  and  repair  bridges  and 
culverts  within  their  limits  was  made  more  specific  in  the  Code  of 
187S,  Sec.  527. 

96  Eevision  of  1860,  Sec.  4374. 

97  Eevision  of  1860,  Sees.  4220,  4221. 

98  Eevision  of  1860,  Sees.  1057,  1108,  4360,  4361,  4386-4390,  4392, 
4393. 

The  acts  of  rioting,  fighting  or  offering  to  fight,  and  fishing  liave 
since  been  omitted  from  the  list  of  offenses  described  as  constituting 
breach  of  the  Sabbath.  —  Code  of  1897,  See.  5040. 

99  Eevision  of  1860,  Sees.  299-301,  1062,  4359.  The  law  in  the 
Code  of  1897  required  shows  exhibiting  outside  of  cities  to  obtain  the 
license  from  the  county  auditor.  —  Code  of  1897,  Sec.  1349. 

iooi?ermo?i  of  1860,  Sees.  1057,  4367-4370. 

101  i2ei-mo«  of  1860,  Sees.  1063,  1559-1587. 

102  Eevision  of  1860,  Sec.   1583. 

^03  Eevision  of  1860,  Sees.  1568,  1586. 

104  Eevision  of  1860,  Sees.  1057,  1063,  4365,  4377. 


NOTES  AND  REFERENCES  361 

103  Bevision  of  1860,  Sec.  4358. 

106  Bevision  of  1860,  Sees.  2534,  2538,  2568,  2569. 

107  Bevision  of  1860,  Sees.  2600-2604.  The  specific  declaration  that 
the  right  of  inheritance  existed  between  foster  parents  and  children 
was  omitted  in  the  Code  of  1897,  but  was  reiinacted  in  1902. 

CHAPTER  VI 

io8Co(Ze  of  1873,  Sees.  1331,  1343,  1352.  In  fact  practically  all 
of  the  laws  discriminating  against  negroes  had  been  abrogated  by 
1873.  Now  tliere  are  laws  expressly  in  their  favor,  of  which  one 
stipulating  tliat  all  persons  in  Iowa  are  alike  entitled  to  the  "full 
and  equal  enjoyment  of  the  accommodations,  advantages,  facilities 
and  privileges  of  inns,  restaurants,  chop  houses,  eating  houses,  lunch 
counters  and  other  places  where  refreshments  are  served,  public 
conveyances,  barber  shops,  bath  houses,  theaters  and  all  other  places 
of  amusement "  is  of  special  importance  to  tlie  labor  unions.  — 
Code  of  1897,  Sec.  5008. 

109  Code  of  1873,  Sees.  1361-1363. 

110  Code  of  1873,  Sees.  1623-1642. 

111  Code  of  1873,  Sees.  1664-1684.  The  first  State  institution  for 
the  education  of  the  blind  was  established  in  Ohio  in  1837.  In  1913 
forty-one  States  had  made  similar  provision.  These  institutions  for 
the  education  of  the  blind  are  almost  invariably  boarding  schools.  — 
Cyclopedia  of  American  Government,  Vol.  I,  pp.  639,  640. 

112  Code  of  1873,  Sees.  1685-1696.  Public  education  for  the  deaf 
was  ]>rovided  even  earlier  than  that  of  the  blind,  Kentucky  liaving 
estal)lished  the  first  State  school  in  1822.  In  1911  there  were  fifty- 
seven  such  State  institutions  and  nearly  one  hundred  private  ones. 
There  were  also  fifty-three  day  schools,  twenty  of  which  were  in  Wis- 
consin. —  Cyclopedia  of  American  Government,  Vol.  I,  pp.  541,  542. 

113  Code  of  1873,  Sees.  1383-1445. 

i;i*  Bowman's  The  Administration  of  Iowa,  p.  107. 

This  central  visiting  committee  was  abolished  when  the  State 
Board  of  Control  was  created,  as  were  also  the  visiting  committees 
from  the  local  boards  of  trustees. 


362  SOCIAL  LEGISLATION  IN  IOWA 

115  The  superintendents  of  the  two  hospitals  were  to  adopt  rules 
"in  regard  to  what  patients,  or  class  of  patients,  shall  be  admitted 
to  and  provided  for  in  the  respective  hospitals;  or  from  what  portion 
of  the  state  patients,  or  certain  classes  of  patients,  may  be  sent  to 
each  or  either  hospital ' '.  —  Code  of  1873,  Sec.  1432. 

116  The  Code  of  1897  employs  the  phraseology,  "charged  with  a 
crime  but  not  convicted  thereof  nor  on  trial  therefor. ' '  —  Code  of 
1897,  Sec.  2279. 

11"  The  Code  of  1897  adds  that  in  any  case  of  a  patient  dying 
in  one  of  the  hospitals  for  the  insane  should  the  relatives  request  it 
an  inquest  had  to  be  held.  —  Code  of  1897,  Sec.  2303. 

118  Code  of  1873,  Sees.  2272,  2279.  A  person  of  unsound  mind  is 
one  who  is  incapable  of  transacting  the  particular  business  in  hand. 
It  is  not  necessary  that  he  be  insane  or  a  distracted  person,  and  he 
may  even  be  capable  of  transacting  some  kinds  of  business  and  yet 
be  of  unsound  mind  and  incapable  of  transacting  business  of  magni- 
tude, or  of  some  degree  of  intricacy.  —  Seerley  vs.  Sater,  68  Iowa 
375,  at   376. 

119  Code  of  1873,  Sees.  3845,  3849,  4104,  4107. 

120  Code  of  1873,  Sees.  4736-4743. 

121  Code  of  1873,  Sees.  3953,  3955,  3958. 

122  Laws  of  Iowa,  1872    (Public),  pp.  49-52. 

123  Code  of  1873,  Sees.  4748,  4758-4766,  4779,  4783,  4785;  Laws  of 
lotca,  1878,  p.  134. 

The  Code  of  1897  made  the  monthly  support  for  each  convict  at 
Fort  Madison  nine  dollars  and  for  each  one  at  Anamosa  nine  dollars 
and  fifty  cents,  but  at  Fort  Madison  this  allowance  was  still  subject  to 
the  deduction  of  the  amount  charged  to  the  contractors  of  convict 
labor  for  that  month.  —  Code  of  1897,  Sec.  5718. 

12-i  Code  of  1873,  Sec.  4712. 

125  Code  of  1873,  Sees.  1643  1648. 

120  Code   of  1873,   Sees.   1644,  1647,  1650-1652. 

Following  the  same  method  as  was  adopted  for  other  institutions, 
the  reports  of  the  Eeform  School,  under  the  law  as  found  in  the  Code 
of  1897,  were  made  to  the  Governor  rather  than  to  the  General  As- 
sembly. —  Code  of  1897,  Sec.  2705. 


NOTES  AND  REFERENCES  363 

127  The  establisliment  of  the  juvenile  court  in  1904  did  not  change, 
in  effect,  the  nietliod  of  procedure. 

128  Code  of  1873,  Sees.  1653-1660. 

1--9  Code  of  1873,  Sees.  10-19,  1660-1663. 

130  Code  of  1873,  Sec.  4140. 

131  Code  of  1873,  Sees.  1567-1569,  2129-2146,  2211. 

132  Code  of  1873,  Sec.  1307. 

133  Code  of  1873,  Sees.  415-420,  525;  Latcs  of  Iowa,  1866,  pp. 
112-114. 

13-*  Code  of  1873,  Sees.  4041,  4055-4059.  Any  diseased  or  infected 
liop  roots  or  cuttings  may  be  seized  and  destroyed;  while  anyone 
l)ringing  such  materials  into  the  State  may  ])e  fined  from  ten  to  one 
hundi'ed  dollars  or  be  imprisoned  for  from  five  to  twenty  days.  — 
Code  of  1873,  Sees.  4060,  4061 ;  Code  of  1897,  Sees.  5022,  5023. 

135  Code  of  1873,  Sec.  4042. 

136  Code  of  1873,  Sees.  456,  467,  4071. 

137  Code  of  1873,  Sec.  4038. 

138  Code  of  1873,  Sec.  3901. 

i3'.>  Code  of  1873,  Sec.  4064.  Although  this  law  is  still  to  be  found 
in  the  statute  books,  steam  and  gasoline  traction  engines  have  sup- 
l>lantcd  horse-j)owers  to  the  extent  of  rendering  this  safety  precaution 
obsolete. 

140  Code  of  1873,  Sees.  463,  3845,  3849,  3879,  4023. 

141  Code  of  1873,  Sees.  1114,  1116,  1527,  1528,  1531,  1537,  1539, 
1556,  1557,  1620,  4044.  The  Code  of  1897  (Sees.  2417,  2418)  extended 
the  liability  for  damages  and  the  care  of  an  intoxicated  person  to 
tliose  who  gave  liquor  as  well  as  those  who  sold  it. 

142  Code  of  1873,  Sees.  1114,  1116.  Horse  racing  at  fairs  was, 
however,  allowed  before  the  codification  of  laws  in  1897. 

143  Code  of  1873,  Sees.  4031-4034. 

144  CWe  of  1873,  Sees.  2220,  2223,  2231-2236,  2253,  2266,  2269- 
2271.  Reference  has  already  been  made  to  the  appointment  of 
guardians  for  drunkards  an<l  sjiendthrifts  in  connection  with  the  dis- 
cussion of  the  insane  in  this  chai)ter. 


364  SOCIAL  LEGISLATION  IN  IOWA 

CHAPTEE  VII 

i«  Code  of  1897,  Sees.  2222,  2230,  2238,  2241,  2249,  2252.  Osceola, 
Crawford,  Emmet,  and  Ida  counties  are  the  only  ones  in  the  State 
which  do  not  maintain  a  county  home.  —  Beport  of  the  Board  of 
Control,  pp.  556,  558,  in  the  loiva  Documents,  1913,  Vol.  II. 

146  Code  of  1897,  Sec.  740. 

1-47  Laivs  of  Iowa,  1886,  pp.  61-67,  148. 

148  Code  of  1897,  Sees.  2601,  2603. 

149  Code  of  1897,  Sees.  2602,  2605,  2606. 

150  Code  of  1897,  Sees.  2604,  2607. 

151  Code  of  1897,  See.  2608. 

152  Code  of  1897,  Sees.  430,  431,  433,  434.  A  one  mill  tax  may  be 
voted  in  a  county  for  the  erection  of  a  soldiers'  monument  or 
memorial  hall.  —  Code  of  1897,  Sees.  435,  436. 

153  Code  of  1897,  Sec.  1304. 

154  While  the  official  title  did  not  suggest  the  fact,  this  home  was 
maintained  primarily  for  the  benefit  of  orphans  of  soldiers  and 
sailors,  and  so  the  name  was  changed  to  Iowa  Soldiers'  Orphans' 
Home  in  1898.  —  Laws  of  Iowa,  1898,  p.  46. 

155  Code  of  1897,  Sees.  2683-2692. 

156  Code  of  1897,  Sees.  3255-3260. 

15T  Code  of  1897,  Sees.  2719-2722.  The  Industrial  Home  for  the 
Blind  was  the  outgrowth  of  the  industrial  department  for  indigent 
blind  persons  not  capable  of  being  educated. 

158  Code  of  1897,  Sees.  2714,  2715,  2718. 

159  Code  of  1897,  Sees.  2723,  2724,  2726,  2727. 
100  The  American  Year  Booh,  1910,  p.  473. 

161  Code  of  1897,  Sees.  2693-2701. 

162  One  incident  of  that  change  which  applies  particularly  to  this 
institution,  however,  ought  to  be  noted.  The  superintendent  is  re- 
quired to  notify  the  Board  of  Control  immediately  if  there  is  any 
question  as  to  the  propriety  of  a  commitment  or  the  detention  of  any 


NOTES  AND  REFERENCES  365 

person  received,  and  the  Board  thereupon  must  investigate  and  take 
action.  —  Laws  of  Iowa,  1898,  p.  69. 

163  Code  of  1897,  Sees.  2253,  2257.  The  salary  of  the  superin- 
tendent was  set  at  $3000  a  year  and  certain  fees  as  a  witness  in  civil 
and  criminal  cases  involving  the  question  of  insanity.  —  Code  of 
1897,  Sees.  2258,  2293. 

164  Code  of  1807,  Sees.  2267,  2268,  2271,  2307.  The  Code  of  1897 
(Sec.  2261)  provided  for  a  board  of  commissioners  of  insanity  at 
every  place  where  district  court  is  held. 

165  Code  of  1897,  Sec.  2308. 

leo  Code  of  1897,  Sees.  3222,  3225. 

The  right  of  the  wife  and  children  to  support  out  of  the  estate  of 
an  insane  person,  however,  is  subordinate  to  the  rights  of  creditors.  — 
Dutch  vs.  Marvin,  72  Iowa  663. 

167  Laws  of  Iowa,  1878,  pp.  150,  151;  Code  of  1897,  See.  5096; 
Laws  of  Iowa,  1902,  p.  111. 

168  Code  of  1897,  Sees.  654,  5638,  5639.  The  provision  requiring 
minors  under  eighteen  years  of  age  to  be  kept  apart  from  other  pris- 
oners applied  to  the  penitentiaries  as  well  as  to  jails.  —  Code  of 
1897,  Sec.  5693. 

169  CofZe  of  1897,  Sees.  5661,  5674,  5676,  5702,  5709-5712;  Laivs  of 
Iowa,  1888,  p.  88.  According  to  the  Code  of  1897  the  warden  of  each 
penitentiary  received  a  salary  of  $166.67  a  month  and  was  furnished 
house  rent,  fuel,  and  lights  by  the  State;  the  clerks  got  $100  a 
month;  the  dex)uty  wardens  $100  a  month,  the  chaplain  $70;  the 
])hysician  at  Fort  Madison  $50  and  the  physician  at  Anamosa  $100 
for  his  entire  time;  the  assistant  deputy  warden  in  charge  of  the  in- 
sane department  at  Anamosa  $83.34;  the  matrons  $75;  and  turnkeys 
and  guards  $50  a  month.  —  Code  of  1897,  Sees.  5716,  5717. 

170  Code  of  1897,  Sees.  5682,  5703-5706. 

171  The  leasing  of  labor  at  Anamosa  was  specifically  prohibited  in 
1876.  —  Laws  of  Iowa,  1876,  p.  33. 

172  Code  of  1897,  Sees.  5702,  5707,  5708. 

i73Lflu's  of  Iowa,  1880,  p.  167;  Code  of  1897,  Sees.  2704,  2706, 
2708,  2711-2713.  The  name  Industrial  School  replaced  that  of  Ee- 
form  Si-hool  in  1884.  —  Laws  of  Iowa,  1884,  p.  159. 


366  SOCIAL  LEGISLATION  IN  IOWA 

174  Code  of  1897,  Sees.  5134-5136,  5138,  5140,  5141. 

175  Code  of  1897,  Sees.  5119,  5142. 

176  Code  of  1897,  Sees.  2469,  2470. 

177  In  order  to  correspond  with  the  legislative  period  the  Commis- 
sioner's appointment  was  changed  from  even  to  odd-numbered  yeara 
in  1906.  His  biennial  report  is  made  in  even-numbered  years.  — 
Laws  of  Iowa,  1906,  p.  71. 

178  Code  of  1897,  Sec.  2477 ;  Laws  of  Iowa,  1907,  pp.  127,  128. 

179  Code  of  1897,  See.  2477.  The  salary  of  the  deputy  was  original- 
ly $1000  a  year. 

180  Code  of  1897,  Sec.  2470. 

181  Code  of  1897,  Sees.  2471-2475. 

182  See  pp.  46,  47,  60,  82. 

183  Code  of  1897,  Sec.  2490 ;  Laws  of  Iowa,  1900,  p.  61. 

184  Code  of  1897,  Sees.  713,  4999,  5026. 

185  Code  of  1897,  Sees.  2478,  2479,  2481,  2483,  2484. 

186  Code  of  1897,  Sec.  2482. 

187  Code  of  1897,  Sec.  2483.  Since  1911  this  duty  has  been  facil- 
itated by  the  annual  reports  from  mine-owners  or  operators,  which 
contain  data  regarding  the  quantity  of  coal  mined  and  the  number  of 
persons  employed  above  and  below  ground.  —  Laws  of  Iowa,  1911, 
p.  116. 

188  Code  of  1897,  Sees.  516,  2482. 

189  Code  of  1897,  See.  2485. 

190  Code  of  1897,  Sec.  2486. 

191  Code  of  1897,  Sec.  2487. 

192  Code  of  1897,  Sec.  2489. 

193  Code  of  1897,  Sec.  2489. 
19*  Code  of  1897,  Sec.  2488. 

195  Code  of  1897,  Sees.  2493-2496. 

196  Code  of  1897,  Sees.  2489,  2491.     The  law  forbidding  the  em- 


NOTES  AND  REFERENCES  367 

ployment  of  boys  under  twelve  years  of  age  in  mines  was  the  first  in- 
stance of  the  limitation  of  child  labor  in  Iowa.  When  the  age  of  a 
boy  seeking  employment  was  in  doubt,  the  employer  had  to  obtain  an 
afiBdavit  of  a  parent  or  guardian  in  regard  thereto.  —  Code  of  1897, 
Sec.  2489. 

197  The  Mining  Act  of  1911  retained  the  same  penalties,  as  did  also 
the  law  in  relation  to  gypsum  mines  in  1913.  —  Laivs  of  Iowa,  1911, 
pp.  119,  120;  Laws  of  Iowa,  1913,  pp.  221,  222. 

198  Code  of  1897,  Sees.  2491,  2492. 

199  A  regulation  affecting  railways,  but  not  applying  except  inci- 
dentally to  their  employees,  states  that  trains  must  stop  at  a  point 
between  eight  hundred  and  two  hundred  feet  before  crossing  another 
railway  if  no  station-house  is  located  at  the  crossing.  —  Code  of 
1897,  Sees.  2073,  2103. 

^00  Code  of  1897,  Sees.  2079-2083.  The  law  was  passed  in  1892 
thus  giving  six  years  in  which  to  comply. 

201  Code  of  1897,  Sec.  768. 

202  Code  of  1897,  Sees.  2511-2514. 

203  Code  of  1897,  Sec.  2083. 

CHAPTEK  Vlir 

204  Code  of  1897,  Sees.  2530,  2564,  2565,  2574,  2575,  2576. 

205  In  1902  the  October  meeting  was  changed  to  the  first  Monday 
in  November.  —  Laws  of  Iowa,  1902,  p.  68 ;  Laws  of  Iowa,  1909, 
p.  153. 

206  Code  of  1897,  Sees.  2568,  2570-2573. 

207  Code  of  1897,  Sees.  1025-1046. 

208  The  policy  of  regulating  the  practice  of  certain  trades  and 
professions  is  quite  universal,  being  employed  in  some  States,  how- 
ever, to  a  greater  extent  than  in  others.  Iowa  has  seen  fit  to  exercise 
control  over  plumbers,  peddlers,  itinerant  merchants,  druggists  and 
doctors,  junk  dealers,  scavengers,  pawnbrokers,  milk  dealers,  bill  post- 
ers, embalniers,  nurses,  i)hysicians,  dentists,  opticians,  pharmacists, 
and  lawyers.  Inasmuch  as  only  a  few  of  these  regulations  could  by 
any  stretch  of  the  imagination  be  considered  as  materially  affecting 


368  SOCIAL  LEGISLATION  IN  IOWA 

social  conditions  they  have  been  omitted  from  consideration.  In 
passing  it  may  be  asserted  that  while  it  would  seem  right  for  the 
public  to  know  the  qualifications  of  those  entering  the  practice  of 
certain  professions  or  callings,  there  also  seems  to  be  a  tendency  to 
subject  more  trades  and  professions  to  this  requirement  than  is 
necessary.  —  Fairlie's  Local  Government  in  Counties,  Towns,  and 
Villages,  pp.  245,  246;  134  Indiana  665;  Code  of  1897,  Sees.  309-316, 
700,  2525,  2576,  2588,  2597;  Laws  of  Iowa,  1907,  pp.  137,  140;  1909, 
p.   159;    1911,  p.   127. 

209  Code  of  1897,  Sees.  2573,  4977,  4978. 

210  Code  of  1897,  Sees.  1040-1042,  2570. 

211  Code  of  1897,  Sees.  1038,  2568;  Eeport  of  the  State  Board  of 
Health,  pp.  272,  273,  in  the  loiva  Documents,  1907,  Vol.  II. 

212  Code  of  1897,  Sees.  5015-5020. 

213  Code  of  1897,  Sees.  2529-2538. 

214  Code  of  1897,  Sees.  2566,  2567. 

215  Code  of  1897,  Sees.  2515,  2522,  2524-2526,  2528,  4491. 

216  Code  of  1897,  Sees.  4981,  4982,  4984,  4986-4988. 

217  Code  of  1897,  Sees.  4989,  4990. 

218  Code  of  1897,  Sees.  2516-2518,  4991-4993. 

219  Code  of  1897,  Sees.  4994-4996. 

220  Code  of  1897,  Sees.  2592,  4985,  4986,  4988. 

221  See  above,  pp.  121,  122. 

222  Code  of  1897,  Sees.  696,  698-700,  737,  738,  791,  794,  797,  881, 
952,  960,  965,  1028,  1031. 

223  Code  of  1897,  Sees.  957,  1030-1033,  1037. 

224  Code  of  1897,  See.  2784. 

225  Code  of  1897,  Sees.  1032-1034,  1948,  2569,  5080. 

226  At  first  thought  it  would  appear  that  protection  against  floods 
would  go  hand  in  hand  with  a  discussion  of  fire  protection.  But 
while  the  county  board  of  supervisors  has  had  the  authority  to  main- 
tain levees  in  the  county  and  thus  protect  the  land  from  inundation, 
the  first   act  which  would  in   any   way  affect  human   life  even   inci- 


NOTES  AND  REFERENCES  369 

<1ontalIy,  and  therefore  present  a  social  aspect,  was  i)asse(l  in  1904 
and  ira\e  all  cities  in  the  State  jiower  to  jirotect  lots,  lands,  and  prop- 
erty witliin  tiieir  limits  by  improving  the  water  courses  and  con- 
structinir  levees.  —  Laivs  of  loiva,  1904,  pp.  24-26.  In  1909  this 
power  was  extended  to  townp  as  well.  —  Lau'S  of  lotva,  1909,  p.  4.3. 
The  laws  in  Iowa  relating  to  flood  protection  would  be  classed  as 
economic  rather  than  as  social  legislation. 

--"  In  cities  having  a  pO])ulation  of  5,000  or  more  a  paid  fire  de- 
jiartment  may  be  maintained.  Only  in  special  charter  cities,  how- 
ever, was  authority  granted  to  levy  a  special  tax  for  the  purpose  of 
creating  a  fire  fund.  The  maximum  was  three  mills  on  the  dollar. 
The  maximum  fine  for  disturbing  fire  fighting  aj)paratus  or  turning 
in  false  alarms  was  increased  from  twenty  to  twenty-five  dollars.  — 
Code  of  1897,  Sees.  716,  952,  1005,  2467,  2468. 

228  Code  of  1897,  Sees.  710-715,  952. 

229  Code  of  1897,  Sees.  863,  874,  876. 

230  Code  of  1897,  Sec.  1052. 

231  Code  of  1897,  Sec.  1571.  Aside  from  the  regulation  of  traffic 
on  the  highways,  cities  and  towns  were  empowered  to  supervise  the 
laying  of  water,  gas,  and  steam  mains  and  the  stretching  of  telephone, 
telegraph,  and  electric  wires.  They  could  also  cause  snow  and  ice  to 
be  removed  from  sidewalks  at  the  expense  of  the  owner,  but  not  at  a 
higher  price  than  one  and  one-half  cents  a  foot.  —  Code  of  1897,  Sees. 
781,  875. 

232  Code  of  1897,  Sees.  769,  770,  2072. 

233  Code  of  1897,  Sees.  2588,  2593. 

234  Eeport  of  the  State  Board  of  Health,  p.  249,  in  the  Iowa  Docu- 
ments, 1884,  Vol.  V. 

235  Code  of  1897,  Sees.  2503-2510. 

236  Code  of  1897,  Sees.  4973-4975,  5036-5038. 

237  Code  of  1897,  Sees.  2448,  4951-4956,  4958,  5034. 

238  Code  of  1897,  Sec.  4937;  Laws  of  Iowa,  1902,  p.  107. 

239  Code  of  1897,  Sees.  2448,  4760,  4943. 

240  Code  of  1897,  Sees.  704,  4939,  4942,  4943. 


370  SOCIAL  LEGISLATION  IN  IOWA 

241  Quoted  in  Clark's  History  of  Liquor  Legislation  in  Iowa  in 
The  Iowa  Journal  of  History  and  Politics,  Vol.  VI,  p.  600. 

242  Code  of  1897,  Sees.  2382-2401,  2405-2416,  2419-2431.  It  will  be 
noted  that  many  of  these  provisions  are  similar  to  those  in  the  Code 
of  1873.  The  law  has  been  treated  in  its  entirety  at  this  point  for 
the  sake  of  clearness. 

243  Code  of  1897,  Sees.  2432-2461.  Liquor  regulations  as  found  in 
the  Code  of  1897  apply  to  special  charter  cities  as  well  as  those  under 
the  general  incorporation  law,  although  this  was  not  true  of  the  pro- 
visions of  the  original  mulct  law.  —  Code  of  1897,  Sees.  1013,  2448 ; 
Clark  vs.  Eiddle,  70  Northwestern  207. 

244  Code  of  1897,  Sees.  2188,  2402-2404. 

245  Code  of  1897,  Sec.  5005. 

246  Code  of  1897,  Sees.  5006,  5007. 

24T  Code  of  1897,  Sees.  704,  5003,  5080. 

248  Code  of  1897,  Sees.  5002,  5004. 

249  Code  of  1897,  Sees.  702,  2448,  4966-4968. 

CHAPTER  IX 

250  Laws  of  Iowa,  1898,  pp.  62-76. 

251  Laws  of  Iowa,  1900,  p.  99. 

252  Laws  of  Iowa,  1900,  p.  99. 

233  Laws  of  Iowa,  1900,  p.  99. 

25  4  In  1904  the  sum  of  $250  annually  was  appropriated  to  defray 
the  expenses  of  persons  who  should  be  secured  by  the  Board  of  Con- 
trol to  read  papers  at  these  quarterly  conferences  concerning  the  ob- 
jects and  work  of  one  or  more  of  the  institutions.  —  Laws  of  Iowa, 
1904,  p.  110. 

255  Laws  of  Iowa,  1909,  p.  170. 

256  Laws  of  Iowa,  1906,  pp.  26,  27. 

257  Laws  of  Iowa,  1913,  pp.  21,  22. 


NOTES  AND  REFERENCES  371 

CHAPTEE  X 

233  Laivs  of  Iowa,  1900,  p.  12. 

259  Laivs  of  loiva,  1909,  pp.  38,  39. 

260  Laws  of  Iowa,  1909,  pp.  29,  131. 

261  Laws  of  Iowa,  1913,  p.  144. 

262  Laws  of  Iowa,  1909,  i)p.  15-18. 

263  Probation  oflScers  came  into  being  with  the  establishment  of 
juvenile  courts,  which  are  created  primarily  for  the  purpose  of  deal- 
ing with  delinquent  children.  These  officials,  however,  have  been 
found  available  in  the  administration  of  other  laws  somewhat  akin, 
the  one  relating  to  contributory  dependency  being  an  instance  in 
point. 

264  Laws  of  Iowa,  1909,  p.  15. 

265  Laws  of  Iowa,  1909,  p.  17. 

266  Laws  of  Iowa,  1911,  p.  7. 

267  During  the  period  under  consideration  practically  $276,000  has 
been  aj)propriated  for  improvements  and  equipment,  new  buildings 
being  ordered  by  every  General  Assembly  except  the  last  two.  The 
building  jjrogram  caused  heavy  appropriations,  the  largest  of  which 
came  in  1902  and  amounted  to  over  $75,000.  An  old  people's  build- 
ing, a  headquarters  building,  a  female  servants'  building,  an  as- 
sembly hall,  a  laundry  building,  a  kitchen,  an  ice-house,  a  green- 
house, a  place  for  married  people,  a  women's  dormitory,  a  quarter- 
master's building,  and  hospital  facilities  have  all  been  added.  —  Laws 
of  Iowa,  1898-1913. 

268  Laws  of  Iowa,  1898,  p.  44. 

269  Laws  of  Iowa,  1902,  p.  71. 

270  Laws  of  Iowa,  1907,  p.  146. 

27X  Laws  of  loiva,  1913,  pp.  21,  244,  332. 

272  Laws  of  Iowa,  1902,  p.  70. 

273  Laws  of  Iowa,  1913,  p.  242.  The  inclusion  of  the  surgeon 
among  the  officers,  one  of  whose  qualifications  is  honorable  service  in 
the  Civil  War,  is  evidently  an  oversight  in  this  law.     The  compensa- 


372  SOCIAL  LEGISLATION  IN  IOWA 

tion  of  the  oflScers  has  also  been  a  subject  for  some  legislative  action. 
In  1902  the  adjutant,  quartermaster,  and  surgeon  were  furnished  with 
houses  and  supplied  witli  lights  and  water.  Heat  and  fuel  were  in- 
cluded later.  Ice  has  been  furnished  to  all  of  the  officers,  including 
the  commandant,  since  1909.  The  compensation  of  the  commandant 
is  now  $2000,  having  been  raised  from  $1800  in  1906. — Laws  of 
Iowa,  1902,  p.  70;  Laws  of  Iowa,  1906,  p.  83;  Laws  of  Iowa,  1909, 
p.  158. 

274  Laws  of  Iowa,  1906,  pp.  8.3,  84, 

275  Laws  of  loiva,  1909,  p.  157. 
2T6  Laws  of  Iowa,  1913,  p.  243. 
-''  Laws  of  Iowa,  1907,  p.  146. 

2T8  Laws  of  Iowa,  1909,  pp.  158,  159. 
2T9  Laws  of  Iowa,  1913,  p.  21. 

280  Laws  of  Iowa,  1900,  p.  70. 

281  Laivs  of  Iowa,  1902,  p.  121. 

282  Laws  of  Iowa,  1904,  pp.  106,  107. 

283  Laws  of  Iowa,  1904,  p.  16. 

284  Laws  of  Iowa,  1911,  p.  20. 

285  Laws  of  Iowa,  1909,  p.  30. 

286  Laivs  of  Iowa,  1907,  p.  14. 

287  Laws  of  Iowa,  1911,  p.  19.  In  1913  the  number  of  interments 
was  reduced  to  thirty.  —  Laws  of  Iowa,  1913,  p.  39. 

288  Laws  of  Iowa,  1902,  p.  34. 

289  Laws  of  Iowa,  1911,  p.  44. 

290  Laws  of  Iowa,  1913,  p.  105. 

291  Lmcs  of  Iowa,  1898,  p.  46. 

292  Laivs  of  Iowa,  1906,  p.  92. 

293  The  growth  of  the  Iowa  Soldiers'  Orphans'  Home,  as  measured 
by  the  appropriations  it  has  received,  has  kept  pace  with  that  of  the 
other  State  charitable  institutions.  Since  1897  over  $202,000  has 
gone  into  such  improvements  as  a  chapel,  barns,  a  power  plant,  cot- 


NOTES  AND  REFERENCES  373 

tages,  au  ice-liouse,  a  laundry,  kitchen,  boys'  industrial  building, 
gymnasium  eciuipment,  and  sewerage  and  hospital  facilities.  The  last 
General  Assembly  (191:5)  passed  a  resolution  favoring  the  building  of 
a  $25,000  hospital  and  a  $14,000  schoolhouse.  The  initial  appropria- 
tions for  these  buildings  have  been  ordered.  Extensions  in  land  have 
been  made  from  time  to  time  at  a  cost  of  $31,000.  —  Latcs  of  Iowa, 
1900-1913. 

As  the  institution  has  grown  and  developed  the  duties  of  the  super- 
intendent have  become  more  arduous,  and  his  salary  has  been  increased 
from  $1200  to  $1500  and  finally  to  $1800.  —  Laa-s  of  Iowa,  1898,  p. 
44;  Laws  of  Iowa,  1900,  p.  98;  Laws  of  Iowa,  1913,  p.  256.  The 
Code  of  1897  left  the  salary  of  the  superintendent  to  be  fixed  by  the 
board  of  trustees,  and  he  had  been  receiving  $100  a  month  previously. 

294  Laws  of  Iowa,  1904,  pp.  108,  109. 

295  Laws  of  Iowa,  1913,  p.  253. 

296  Laws  of  Iowa,  1906,  pp.  92,  93. 
29"  Laws  of  Iowa,  1911,  pp.  150,  151. 

298  Laws  of  Iowa,  1902,  pp.  101,  102.  In  1913  twenty-seven  homes 
for  friendless  children  were  operating  in  Iowa,  placing  in  family 
homes  five  hundred  and  eighty -four  children.  —  Bulletin  of  Iowa  State 
Institutions,  Vol.  XVI,  No.  2  (April,  1914),  p.  178. 

299  To  meet  the  expense  of  inspection,  part  of  an  annual  appropria- 
tion of  $2000,  primarily  for  the  purpose  of  inspecting  private  and 
county  insane  asylums,  is  used,  supplanting  the  appropriation  of  $1000 
made  in  1902  especially  for  the  inspection  of  homes  for  friendless 
children.  —  Laws  of  Iowa,  1906,  p.  97. 

300  Laics  of  Iowa,  1909,  p.  176. 

CHAPTER  XI 

301  Laws  of  Iowa,  1909,  p.  172. 

302  Laws  of  Iowa,  1911,  pp.  157,  158. 

303  Laws  of  Iowa,  1909,  p.  167. 

304  Laws  of  Iowa,  1898,  p.  44. 

305  Laws  of  Iowa,  1913,  p.  256. 

306  Laws  of  loiva,  1898,  p.  48. 


374  SOCIAL  LEGISLATION  IN  IOWA 

307  Lmvs  of  Iowa,  1902,  pp.  74,  75. 

308  Laivs  of  Iowa,  1911,  p.  156. 

309  Laws  of  Iowa,  1913,  pp.  336,  337.  Since  1897  a  hospital,  a 
gymnasium,  and  a  cottage  for  the  superintendent  have  been  built, 
while  in  1913,  $65,000  was  appropriated  for  the  purpose  of  remodeling 
the  main  building.  —  Laws  of  Iowa,  1904,  p.  142 ;  Laws  of  Iowa,  1909, 
p.  222;  Laws  of  Iowa,  1911,  p.  218;  Laws  of  Iowa,  1913,  p.  340. 

310  Laws  of  Iowa,  1906,  p.  95. 

311  Laws  of  Iowa,  1909,  p.  79. 

312  Laivs  of  Iowa,  1898,  pp.  44,  64. 

313  Laws  of  loioa,  1900,  pp.  79,  80. 

314  Laws  of  Iowa,  1898,  p.  48. 

315  Laws  of  Iowa,  1902,  p.  75. 

316  Laws  of  Iowa,  1906,  p.  96. 

317  Laws  of  loica,  1909,  p.  173.  On  the  afternoon  of  May  8,  1902, 
the  greater  part  of  the  plant  was  destroyed  by  fire  and  $250,000  was 
appropriated  by  the  Thirtieth  General  Assembly  for  rebuilding  and 
equipment.  In  1906,  $50,000  more  was  set  aside  for  a  new  boiler 
house,  a  laundry  building,  and  a  machine  shop.  For  purchasing  land 
$7,673.75  was  used  in  1909.  —  Laws  of  Iowa,  1904,  p.  144;  Laws  of 
Iowa,  1906,  p.  134;  Laws  of  Iowa,  1909,  p.  225;  Report  of  the  Board 
of  Control,  p.  59,  in  the  Iowa  Documents,  1904,  Vol.  VIII;  Eeport  of 
the  Board  of  Control,  p.  14,  in  the  Iowa  Documents,  1911,  Vol.  II. 

318  Laws  of  Iowa,  1900,  p.  172. 

319  Laws  of  Iowa,  1909,  p.  79. 

320  Laws  of  loica,  1913,  p.  255. 

321  The  American  Year  Boole,  1910,  pp.  473,  474.  The  "Jukes", 
found  in  New  York,  and  the  "Tribe  of  Ishmael"  which  wintered  at 
Indianapolis  were  groups  of  related  people  who  through  inter-marriage 
and  marriage  with  inferior  non-related  stock  produced  an  exceptionally 
large  proportion  of  paupers,  criminals,  and  prostitutes.  Practically 
all  were  inherently  weak  in  some  respect,  disease  was  general,  and  the 
children  often  died  young.  —  National  Conference  of  Charities  and 
Correction,  1884,  pp.  254,  255;  National  Conference  of  Charities  and 
Correction,  1888,  pp.  79,  154-159. 


NOTES  AND  REFERENCES  375 

^22  Laws  of  loua,  1898,  p.  47.  Every  General  Assembly  since  1897 
has  appropriated  large  sums  for  the  improvement  and  extension  of  the 
Institution  for  Feeble-minded  Children.  A  hospital,  an  ice  manu- 
facturing plant,  two  double  cottages  for  boys,  a  boys'  custodial 
building,  a  cottage  for  girls,  a  laundry,  and  barns  have  been  built. 
Considerable  money  has  also  lx?en  spent  in  purchasing  more  land,  in 
obtaining  a  satisfactory  water  supply,  and  for  heating  equipment. 
Plans  were  api)roved  by  the  Thirty-fiftli  General  Assembly  for  new 
additions  costing  $177,000,  and  $133,000  of  that  amount  was  appro- 
priated, besides  $24,000  for  other  improvements. 

323  Laws  of  Iowa,  1902,  p.  73. 

324  Laws  of  Iowa,  1909,  p.  171. 

325  Laws  of  Iowa,  1898,  p.  36. 
320  Laws  of  Iowa,  1902,  p.  99. 

327  Laws  of  Iowa,  1900,  pp.  99-102. 

328  Laws  of  Iowa,  1906,  p.  97. 

329  Laxcs  of  Iowa,  1909,  p.  176. 

330  Laws  of  Iowa,  1913,  pp.  256,  257. 

331  Laws  of  Iowa,  1898,  pp.  65,  67,  69. 

332  Laws  of  Iowa,  1902,  p.  58. 

333  During  the  first  jiart  of  tlie  period  the  Cherokee  Hospital  for 
the  Insane  was  in  the  process  of  construction  and  the  sums  of 
$100,000,  $360,000,  and  $100,000  were  appropriated  by  the  Twenty- 
seventh,  Twenty-eighth,  and  Twenty-ninth  General  Assemblies,  re- 
spectively, for  the  general  building  fund.  The  special  commission  in 
charge  of  the  work  of  construction  was  superseded  by  the  Board  of 
Control  in  1898.  In  1904  the  Thirtieth  General  Assembly  appropri- 
ated $30,000  for  the  purjjose  of  obtaining  a  water  supply  and  $65,000 
for  the  construction  of  a  cottage  for  patients.  To  build  and  equip 
an  infirmary,  $125,000  was  ajjpropriated  in  1907,  and  in  1911  the  sum 
of  $50,000  was  set  aside  to  erect  a  pavilion  for  tubercular  patients. 

At  Clarinda  $15,000  has  been  appropriated  for  an  ice  manufactur- 
ing plant  (1902),  $60,000  for  a  cottage  for  patients  (1904),  $15,000 
for  heating  aj)paratus  (1906),  $75,000  for  a  cottage  for  women 
(1907),  $20,000  for  a  cottage  for  men  (1911),  and  $15,000  for  addi- 
tional water  supjjly  (1913). 


376  SOCIAL  LEGISLATION  IN  IOWA 

Besides  improving  the  water  system  (1904)  and  the  heating  ap- 
paratus (1906)  in  the  hospital  at  Independence,  a  $125,000  infirmary 
(1907)  and  a  $57,500  liome  for  attendants  (1911,  1913)  have  been 
constructed. 

The  hospital  at  Mount  Pleasant  has  been  improved  by  the  erection 
of  an  electric  light  plant  at  a  cost  of  $13,000  (1900),  new  machine 
shops  costing  $16,000  (1900),  a  sewage  disposal  plant  at  an  expendi- 
ture of  $10,000  (1902),  a  laundry  building  for  which  $15,000  was 
appropriated  (1902),  a  women's  infirmary  at  an  outlay  of  $83,000 
(1907,  1909,  1913),  and  an  ice  plant  costing  $12,000  (1909). 

In  addition  to  these  improvements,  $33,600  has  been  used  for  the 
purchase  of  land  at  Cherokee  (1902,  1907,  1909),  $30,000  at  Clarinda 
(1902),  $53,491.85  at  Independence  (1902,  1904,  1909,  1911),  and 
$33,651.46  at  Mount  Pleasant  (1902,  1904,  1906). 

334  Laws  of  lotca,  1902,  p.  58. 

335  Laws  of  Iowa,  1898,  pp.  68,  69. 

336  Laws  of  Iowa,  1898,  p.  69.  It  is  to  be  observed  that  this  act 
ap]ilied  only  in  cases  where  the  local  authorities  had  deemed  commit- 
ment advisable  and  it  in  no  way  abrogated  the  clause  in  the  Code  of 
1897  giving  the  commissioners  of  insanity  the  power  to  determine  in 
the  first  instance  the  residence  of  a  person  and  to  authorize  the 
sheriff  to  remove  him  if  it  were  found  to  be  outside  of  the  State.  — 
Code  of  1897,  Sec.  2283. 

337  Laws  of  Iowa,  1906,  pp  64,  65. 

33.8  If  the  commissioners  of  insanity  of  one  county  should  find  that 
an  insane  person  had,  or  probably  had,  legal  settlement  in  another 
county,  they  were  obliged  to  notify  the  auditor  of  that  county,  who 
would  then  make  inquiry  and  advise  the  superintendent  of  the  hos- 
pital and  the  commissioners  filing  the  information  of  his  decision.  — 
Code  of  1897,  Sec.  2270. 

339  Laws  of  Iowa,  1907,  p.  122. 

340  Laws  of  Iowa,  1904,  p.  85.  Whenever  it  is  necessary  to  make 
any  transfers  under  the  provisions  of  this  act  the  same  process  is  fol- 
lowed as  in  the  case  of  locating  non-resident  insane  patients. 

341  Laics  of  Iowa,  1913,  p.  205. 

342  Laws  of  Iowa,  1898,  p.  36.  This  act,  approved  twelve  days  after 
the  one  creating  the  State  Board  of  Control,  vested  the  power  of  fix- 


NOTES  AND  REFERENCES  377 

ing  allowances  in  the  several  boards  of  trustees,  and  inasmuch  as  both 
laws  went  into  effect  simultaneously  it  would  appear  that  the  incon- 
sistency was  simply  an  oversight.  The  error  was  not  rectified  until 
four  years  later  in  the  Latis  of  Iowa,  1902,  p.  113. 

343  Laws  of  Iowa,  1894,  p.  83. 

344  Laws  of  Iowa,  1900,  pp.  97,  98;  Eeport  of  the  Board  of  Con- 
trol, p.  79,  in  the  Iowa  Documents,  1904,  Vol.  VIII. 

345  Laws  of  Iowa,  1902,  p.  113. 
34«  Laws  of  Iowa,  1911,  p.  96. 
847  Laws  of  Iowa,  1911,  p.  97. 

348  Laws  of  Iowa,  1906,  p.  66. 

349  Laws  of  Iowa,  1904,  pp.  85,  86. 

350  Laws  of  Iowa,  1906,  pp.  65,  66.  The  laws  which  establish  pen- 
alties for  aiding  inmates  to  escape  from  hospitals  for  the  insane  are 
considered  in  connection  with  the  iliscussion  of  the  penitentiaries. 

351  Laws  of  Iowa,  1902,  pp.  58,  59. 

352  Superior  courts  were  given  concurrent  jurisdiction  in  1909. — 
Laivs  of  Iowa,  1909,  p.  18. 

3'>3  Laws  of  Iowa,  1904,  pp.  86-90.  With  the  opening  of  the  Hos- 
pital for  Inebriates  at  Knoxville  on  January  18,  1906,  the  Board  of 
Control  ordered  all  female  inebriates  to  be  committed  to  the  depart- 
ment for  inebriates  at  the  Mount  Pleasant  State  Hospital,  to  be 
known  as  the  Hospital  for  Female  Inebriates  at  Mount  Pleasant,  and 
closed  the  departments  in  the  other  State  hospitals.  —  Eeport  of  the 
Board  of  Control,  p.  2,  in  the  Iowa  Documents,  1907,  Vol.  II. 

354  Code  of  1897,  Sees.  3219,  3222-3228. 

355  Laws  of  Iowa,  1906,  p.  67. 

356  Laws  of  Iowa,  1907,  p.  123*. 

357  Laws  of  Iowa,  1906,  pp.  66-68,  136. 

358  Laws  of  Iowa,  1909,  p.  132. 

359  The  act  of  1898  creating  the  State  Board  of  Control  permits  a 
contingent  fund  of  $250  to  rest  in  the  hands  of  the  managing  officer 
of  any  institution  under  its  jurisiliction.  —  Laws  of  Iowa,  1898,  p.  73. 


378  SOCIAL  LEGISLATION  IN  IOWA 

360  Laws  of  Iowa,  1911,  pp.  97,  98. 

361  Laws  of  Iowa,  1913,  pp.  207,  208. 

362  Ordinarily  the  expense  of  parole  and  return  of  patients  is  borne 
by  the  State. 

363  Laws  of  Iowa,  1913,  pp.  206,  207,  335.  To  purchase  land  for 
the  hospital  at  KnoxTille,  $3,308.75  was  appropriated  in  1907,  and 
$2,250  in  1911. 

364  Americana  Encyclo'pedia,  Vol.  VI,  Epilepsy  and  Epileptic  Col- 
onies. Perhaps  the  most  noted  example  of  the  colony  system  for  the 
care  of  epilej^itics  is  the  Bielefeld  institution  in  Germany  founded  by 
Friederich  von  Bodelschwingh.  The  first  action  taken  in  Iowa  was  in 
1896  when  a  bill  having  for  its  object  the  establishment  of  a  colony 
for  epileptics  was  favorably  acted  upon  in  the  House  but  failed  to 
pass  the  Senate.  —  Proceedings  of  the  Iowa  Conference  of  Charities 
and  Correction,  1898  and  1899,  p.  69;  House  Journal,  1896,  p.  1078. 

365  Laws  of  Iowa,  1913,  p.  257. 

seeiflics  of  Iowa,  1913,  p.  21;  The  Register  and  Leader  (Des 
Moines),  Vol.  LXV,  No.  248,  March  7,  1914. 

367  Laughlin 's  The  Legal,  Legislative  and  Administrative  Aspects 
of  Sterilisation  (Bulletin  No.  lOB,  Eugenics  Kecord  Office,  New  York), 
pp.  13,  44,  54,  76-97.  Sterilization  laws  were  passed  in  Indiana 
(1907),  Connecticut,  California,  Washington  (1909),  Nevada,  New 
Jersey,  Iowa  (1911),  New  York  (1912),  North  Dakota,  Michigan, 
Kansas,  Oregon,  and  Wisconsin  (1913).  The  Oregon  statute,  how- 
ever, was  revoked  by  referendum  on  November  4,  1913.  Similar  bills 
have  been  vetoed  by  the  Governor  in  Pennsylvania,  Oregon,  Vermont, 
and  Nebraska.  In  Illinois,  Minnesota,  New  Hampshire,  Ohio,  and 
Virginia  bills  have  been  introduced  but  thus  for  have  failed  of  enact- 
ment. 

368  Laics  of  loiva,  1911,  pp.  144,  145. 

369  Laws  of  Iowa,  1913,  pp.  209,  210.  A  summary  of  the  decision 
of  the  court  may  be  found  in  The  Register  and  Leader  (Des  Moines), 
Vol.  LXV,  No.  359,  June  25,  1914. 

CHAPTEK  XII 

370  Laws  of  Iowa,  1909,  pp.  5,  6. 

371  Laics  of  Iowa,  1913,  pp.  34,  35. 


NOTES  AND  REFERENCES  379 

372  Laws  of  Iowa,  1909,  \^.  194. 

373  Lmcs  of  Iowa,  1909,  p.  207. 

374  Laws  of  Iowa,  1898,  pp.  19,  20. 

375  Laws  of  Iowa,  1907,  p.  23.  The  law  now  requires  that  one  or 
more  police  matrons  be  appointed  in  Davenport,  Des  Moines,  Du- 
buque, and  Sioux  City,  where  the  pojjulation  exceeds  35,000,  and  in 
Glenwood,  Muscatine,  and  Wapello  where  special  charters  are  in  opera- 
tion. Their  appointment  is  optional  in  Cedar  Eapids,  Clinton,  Council 
Bluffs,  and  Waterloo,  where  the  population  is  over  25,000. 

376  Laws  of  Iowa,  1911,  pp.  200,  201. 

377  Laws  of  Iowa,  1898,  pp.  64,  68. 

378  Laws  of  Iowa,  1900,  pp.  77,  78.  On  account  of  inadequate  facil- 
ities, insufficient  financial  support,  and  faulty  provisions  in  the  law 
itself,  the  Iowa  Industrial  Keformatory  for  Females  has  never  been 
opened. 

379  Laws  of  Iowa,  1904,  p.  126. 

380  Laws  of  Iowa,  1898,  p.  62. 

381  Laws  of  Iowa,  1907,  p.  192. 

382  Laws  of  Iowa,  1907,  pp.  194-197.  Up  to  1907  there  were  re- 
formatories for  men  in  New  York,  Massachusetts,  Kansas,  Minnesota, 
Pennsylvania,  Illinois,  Ohio,  Indiana,  Wisconsin,  Colorado,  Michigan, 
and  New  Jersey;  and  for  women  in  Massachusetts,  Indiana,  and  New 
York.  During  the  next  seven  years  Connecticut,  Iowa,  Kentucky, 
Oklahoma,  and  Washington  established  reformatories  for  male  con- 
victs, while  New  Jersey  and  Michigan  provided  institutions  for  the  re- 
form of  female  offenders.  —  Proceedings  of  the  Annual  Congress  of 
the  National  Prison  Association,  1907,  pp.  303-305;  Proceedings  of  the 
Annual  Congress  of  the  American  Prison  Association,  1913,  pp.  445- 
450. 

383  Laws  of  Iowa,  1911,  p.  205. 

384  Laws  of  Iowa,  1898,  p.  62. 

385  Laws  of  Iowa,  1900,  p.  95. 

386  Laics  of  Iowa,  1902,  p.  112. 

387  LaiL-s  of  Iowa,  1904,  pp.  127,  128. 


380  SOCIAL  LEGISLATION  IN  IOWA 

3SS  Laivs  of  Iowa,  1906,  ]).  122. 

389  Laws  of  Iowa,  1907,  p.  198. 

390  Laws  of  Iowa,  1900,  p.  79.  This  appropriation  was  of  course 
never  utilized. 

391  Eeport  of  the  Board  of  Control,  pp.  28,  29,  in  the  Iowa  Docu- 
7nents,  1913,  Vol.  II. 

392  Laivs  of  Iowa,  1913,  p.  322. 

393  The  commitments  were  directed  by  the  Executive  Council  (Code 
of  1897,  Sec.  5676)  and  later  when  the  State  was  divided  into  two 
districts  under  the  regime  of  the  Board  of  Control,  each  penitentiary 
received  criminals  from  its  own  territory,  although  the  Board  pos- 
sessed the  power  of  transferring  any  prisoners  at  any  time.  —  Laws  of 
loica,  1898,  ji.  69.  The  Executive  Council  (the  Board  of  Control  is 
now  vested  with  that  power)  might  also  designate  classes  as  well  as 
individuals  who  should  be  confined  in  one  penitentiary  or  the  other.  — 
O'Brien  vs.  Barr,  83  Iowa  51. 

394  Laws  of  Iowa,  1907,  pp.  193,  194,  197. 

395  The  custodial  farm  in  New  York  is  for  women. 

3^>i  Laws  of  Iowa,  1913,  pp.  21,  22;  Proceedings  of  the  Annual 
Congress  of  the  American  Prison  Association,  1913,  pp.  445-450;  The 
Register  and  Leader  (Des  Moines),  Vol.  LXVI,  No.  135,  November 
13,  1914. 

397  Laws  of  loiva,  1900,  p.  78.  It  is  to  be  remembered  that  these 
provisions  have  never  been  in  force. 

398  Laws  of  Iowa,  1902,  p.  111. 

399  Laivs  of  Iowa,  1904,  p.  211. 

■i'lo  Bliss's  The  New  Encyclopedia  of  Social  Reform,  pp.  885,  886; 
Cyclopedia  of  American  Government,  Vol.  II,  p.  619.  In  1910  Colo- 
rado, Illinois,  Indiana,  Iowa,  Kansas,  Massachusetts,  Michigan,  Min- 
nesota, New  Jersey,  New  York,  Ohio,  Pennsylvania,  and  Washington 
had  laws  providing  for  indeterminate  sentences  and  a  parole  system 
in  connection  with  their  reformatories;  and  in  Indiana,  Iowa,  Massa- 
chusetts, Michigan,  New  Hampshire,  and  New  Mexico  the  inde- 
terminate sentence  was  in  operation  in  the  State  prisons.  The  courts 
in  Arizona,  Connecticut,  Illinois,  Kansas,  Michigan,  Minnesota,  New 


NOTES  AND  REFERENCES  381 

York,  North  Dakota,  Oregon,  Pennsylvania,  Vermont,  West  Virginia, 
and  Wyoming  are  privileged  to  jirescribe  either  definite  or  indeter- 
minate sentences  of  imjjrisonment  in  the  State  prisons.  Those  con- 
fined under  an  indeterminate  sentence  are  usually  eligible  to  parole.  — 
Proceedings  of  the  Annual  Congress  of  the  Ameriean  Prison  Associa- 
tion, 1910,  p.  275. 

401  Laws  of  Iowa,  1907,  \>.  194. 

402  Laws  of  Iowa,  1911,  p.  199. 

403  Laws  of  Iowa,  1913,  p.  320. 

*o*  Code  of  1897,  Sees.  5702,  5707,  5708. 

••"5  LaxL-s  of  Iowa,  1898,  pp.  74,  75. 

•«(its  Eeport  of  the  Board  of  Control,  p.  186,  in  the  Iowa  Documents, 
1900,  Vol.  VI.  It  was  for  sixteen  years  and  expires  December  31, 
1914.  —  Eeport  of  the  Board  of  Control,  p.  31,  in  the  Iowa  Docu- 
ments, 1913,  Vol.  II. 

■♦""  Downey's  History  of  Labor  Legislation  in  Iowa,  p.  22. 

4"«  Laws  of  Iowa,  1900,  p.  96.  Other  contracts  have  been  and  are 
still  in  force  whereby  prisoners  in  the  penitentiary  at  Fort  Madison 
are  employed.  The  manufacture  of  farming  tools  and  chairs  have 
been  the  two  most  enduring  industries. 

*09Laws  of  Iowa,  1902,  p.  112. 

*io  State  vs.  King,  114  Iowa  413. 

411  Laws  of  Iowa,  1907,  p.  194.  This  law  did  not,  however,  affect 
the  existing  contract  with  the  Anamosa  Cooperage  Company,  and  in 
1909  the  legislature  authorized  the  "employment  of  not  to  exceed 
fifty  inmates  of  the  reformatory  at  Anamosa  in  the  making  of  butter 
tubs."  —  Laws  of  loioa,  1909,  p.  175. 

412  Laws  of  loica,  1907,  p.  197. 

413  Laws  of  loiva,  1913,  pp.  132,  133. 

The  statement  is  made  that  Iowa  is  the  only  State  in  the  Union  in 
which  convicts  are  allowed  a  part  of  their  earnings.  —  Proposed  Legis- 
lation, p.  12,  an  address  by  Attorney  General  Cosson  before  the  Des 
Moines  Chamber  of  Commerce  on  December  24,  1914. 

4  1-t  Laws  of  Iowa,  1913,  p.  324. 


382  SOCIAL  LEGISLATION  IN  IOWA 

415  Laws  of  Iowa,  1900,  p.  96. 
<i6  Laws  of  Iowa,  1904,  p.  127. 

417  Laws  of  Iowa,  1913,  p.  323. 

418  Laws  of  Iowa,  1900,  p.  78. 

419  Laws  of  loxva,  1898,  p.  69. 

420  Eeport  of  the  Board  of  Control,  p.  187,  in  the  Iowa  Documents, 
1900,  Vol.  VI. 

421  Laws  of  Iowa,  1902,  pp.  107,  112. 

422  Laws  of  Iowa,  1900,  p.  92. 

423  Laws  of  Iowa,  1913,  p.  311. 

424  Laws  of  Iowa,  1904,  p.  122. 

425  Laws  of  Iowa,  1913,  pp.  311,  312.  The  law  of  1904  applied  only 
to  the  penitentiary,  the  reformatory,  and  industrial  schools  while  that 
of  1913  included  workhouses  and  the  hospitals  of  the  State. 

426  Constitution  of  Iowa,  Art.  IV,  Sec.  16. 

427  Laws  of  Iowa,  1900,  p.  78.  The  Code  of  1897  (Sec.  2711)  had 
provided  for  the  parole  of  reformed  children  in  the  Industrial  School. 

428  In  other  States,  as  in  Iowa,  parole  laws  have  been  made  ap- 
plicable to  penitentiaries  and  while  the  results  have  been  generally 
favorable  it  is  obvious  that  where  the  release  is  based  upon  negative 
conduct  it  is  more  haphazard  than  when  used  in  connection  with  the 
reformatory  system,  where  it  comes  as  a  result  of  positive  improve- 
ment. 

429  Laws  of  Iowa,  1907,  pp.  195-197. 

430  Laws  of  Iowa,  1909,  p.  208. 

431  Laws  of  Iowa,  1907,  p.  19?. 

432  Laws  of  Iowa,  1911,  p.  200. 

433  By  1910  the  States  in  which  juvenile  courts  had  not  been  estab- 
lished were  Arkansas,  Connecticut,  Delaware,  Florida,  Maine,  Mis- 
sissippi, New  Mexico,  North  Carolina,  North  Dakota,  South  Carolina, 
Vermont,  Virginia,  West  Virginia,  and  Wyoming;  and  in  Alabama, 
Maryland,  and  Ehode  Island  the  institution  was  so  limited  as  to  be 
unworthy  of  mention.     In  Virginia  juvenile  offenders  were  not  sub- 


NOTES  AND  REFERENCES  383 

ject  to  criminal  procedure  in  court.  —  Hart's  Juvenile  Court  Laws  in 
the  United  States  Summarised,  pp.  3-118. 

434  Laws  of  Iowa,  1904,  pp.  9-13. 

435  Such  rules  are  found  in  the  Code  of  1897,  Sees.  5216-5239. 

430  Lows  of  Iowa,  1909,  p.  14.  There  are  seven  such  courts  in 
Iowa  located  in  Council  Bluflfs,  Cedar  Rapids,  Grinnell,  Keokuk,  Oel- 
wein.  Perry,  and  Shenandoah.  —  lotca  Official  Eegister,  1913-1914,  pp. 
235,  236. 

437  Latvs  of  Iowa,  1909,  p.  18. 

438  Dubuque,  Linn,  Polk,  Pottawattamie,  Scott,  and  Woodbury 
counties  have  over  50,000  population.  —  Iowa  Official  Eegister,  1913- 
1914,  pp.  710-713. 

439  Laws  of  Iowa,  1907,  p.  7. 

440  Laus  of  Iowa,  1907,  p.  8. 

441  The  superior  court  at  Cedar  Rapids  is  the  only  one  to  which 
this  provision  is  applicable. 

442  Laws  of  Iowa,  1909,  p.  14. 

443  Laws  of  Iowa,  1911,  p.  6. 

444  Laws  of  Iowa,  1913,  p.  254. 

445  Laws  of  Iowa,  1900,  p.  76. 
"  'e  Laws  of  Iowa,  1900,  p.  76. 

447  Code  of  1897,  Sec.  2707. 

448  Laws  of  Iowa,  1898,  p.  47. 

449  Report  of  the  Board  of  Control,  p.  109,  in  the  Iowa  Documents, 
1900,  Vol.  VI. 

450  Laws  of  Iowa,  1900,  p.  76. 

451  Laws  of  Iowa,  1902,  p.  74. 

452  Laws  of  Iowa,  1900,  p.  76. 

453  Laivs  of  Iowa,  1906,  p.  94. 

454  Laws  of  Iowa,  1909,  pp.  171,  172. 

455  Laws  of  Iowa,  1911,  pp.  153,  154. 


384  SOCIAL  LEGISLATION  IN  IOWA 

456  Lows  of  Iowa,  1911,  pp.  155,  156. 

457  This  power  was  transferred  from  the  board  of  trustees  to  the 
Board  of  Control  by  the  Twenty-eighth  General  Assembly.  —  Laws  of 
Iowa,  1900,  p.  75. 

458  The  laws  against  enticing  away  a  child  placed  by  law  in  a 
home  or  institution,  considered  in  the  discussion  of  contributory  de- 
pendency, apply  to  children  placed  out  by  the  Industrial  School. 

459  Laws  of  Iowa,  1906,  pp.  93,  94. 

460  Laws  of  Iowa,  1911,  p.  152. 

461  Latcs  of  Iowa,  1900,  p.  76.  Formerly  this  privilege  applied 
only  to  those  inmates  who  had  been  committed  on  account  of  a 
crime.  —  Code  of  1897,  Sec.  2710. 

462  The  section  was  amended  to  read  ' '  the  board  of  control  of  state 
institutions ' '  instead  of  ' '  the  board  of  trustees ' '  in  1900.  —  Laws  of 
Iowa,  1900,  p.  76. 

463  Laws  of  Iowa,  1902,  p.  74. 

464  Code  of  1897,  Sec.  2712. 

465  Laws  of  Iowa,  1913,  pp.  311,  312. 

460  This  law  is  considered  in  connection  with  penitentiaries. 

467  Laws  of  Iowa,  1898,  p.  47. 

468  Laws  of  Iowa,  1900,  pp.  76,  77. 

469  Laws  of  lotca,  1902,  p.  115. 

470  Laws  of  Iowa,  1904,  p.  128. 

4T1  Laws  of  Iowa,  1906,  pp.  94,  95. 

472  Laws  of  Iowa,  1911,  p.  155. 

473  Laws  of  Iowa,  1911,  p.  156. 

4T4  Laivs  of  lotva,  1913,  pp.  254,  255. 

475  Lau-s  of  Iowa,  1898,  p.  44. 

476  Laws  of  Iowa,  1900,  p.  77. 

477  Laws  of  Iowa,  1906,  p.  96. 

478  Laws  of  Iowa,  1911,  p.  198. 

479  Laws  of  Iowa,  1913,  p.  319. 


NOTES  AND  REFERENCES  385 

CHAPTEE  XIII 

480  Code  of  1897,  Sec.  1309. 

481  Code  of  1897,  Sees.  4009,  4010. 

*»2  The  American  Tear  Boole,  1912,  p.  422;  The  American  Year 
Book,  1913,  p.  434;  Cyclopedia  of  American  Government,  Vol.  II,  pp. 
666-668;  James's  Some  Implications  of  Remedial  and  Preventive 
Legislation  in  the  United  States  in  The  American  Journal  of  Soci- 
ology, Vol.  XVIII,  p.  778;  The  Register  and  Leader  (Des  Moines), 
Vol.  LXVI,  No.  Ill,  October  20,  1914. 

*83  The  merit  system  is  making  some  sort  of  retirement  scheme  a 
necessary  concomitant.  —  The  American  Year  Book,  1910,  p.  178. 

484  Laws  of  Iowa,  1909,  pp.  47-50. 

485  Laws  of  Iowa,  1909,  pp.  50-53. 
480  Laws  of  Iowa,  1911,  p.  36. 

487  Laws  of  Iowa,  1913,  p.  12. 

488  Laws  of  Iowa,  1909,  p.  12. 

489  Laws  of  Iowa,  1909,  p.  48. 

490  Laws  of  Iowa,  1911,  p.  36. 

491  Mothers'  pensions  began  as  an  experiment  by  private  charity 
organizations  in  San  Francisco  in  1908.  Illinois  appropriated  the 
scheme  as  an  addition  to  her  system  of  public  relief  in  1911  and 
Colorado  followed  in  1912.  In  1913  California,  Idaho,  Iowa,  Massa- 
chusetts, Michigan,  Minnesota,  Missouri,  Nebraska,  New  Hampshire, 
New  Jersey,  Ohio,  Oregon,  Pennsylvania,  South  Dakota,  Utah,  Wash- 
ington, and  Wisconsin  passed  similar  laws.  —  The  American  Year 
Book,  1913,  pp.  407,  408. 

492  Laws  of  Iowa,  1913,  pp.  33,  34. 

493  Laws  of  Iowa,  1913,  p.  362. 

CHAPTER  XIV 

494  Laws  of  Iowa,  1904,  p.  92. 

495  Laws  of  Iowa,  1907,  p.  128. 
490  Laws  of  Iowa,  1904,  pp.  92,  93. 


386  SOCIAL  LEGISLATION  IN  IOWA 

497  Laws  of  Iowa,  1907,  p.  128. 

498  Laws  of  Iowa,  1913,  p.  217. 

499  Laws  of  Iowa,  1904,  p.  92. 

500  Laws  of  loica,  1909,  pp.  140,  141. 

501  Laws  of  Iowa,  1913,  p.  217. 

502  Laws  of  Iowa,  1904,  p.  93. 

503  Laws  of  Iowa,  1909,  p.  141. 

504  Laws  of  loiva,  1913,  p.  217. 

505  Laws  of  Iowa,  1902,  p.  61. 

500  Laws  of  Iowa,  1904,  pp.  209,  210. 

507  Laws  of  Iowa,  1913,  p.  217. 

508  Laws  of  Iowa,  1913,  p.  216. 

509  Laws  of  Iowa,  1902,  p.  61. 

510  Laws  of  Iowa,  1902,  p.  62. 

511  Laws  of  Iowa,  1913,  p.  216. 

512  Laws  of  Iowa,  1902,  p.  108. 

513  Laws  of  Iowa,  1904,  p.  124. 

514  Laws  of  Iowa,  1906,  p.  72. 

515  Laws  of  loiva,  1907,   p.  129. 

516  Laws   of  loiva,    1907,   p.   26. 

517  March  27,  1907. 

518  Latvs  of  Iowa,  1907,  pp.  128,  129. 

519  Code  of  1897,  Sec.  2490. 
520i(iM's   of  Iowa,  1900,  p.   61. 

521  Laws  of  Iowa,  1904,  p.  117. 

522  Latvs  of  Iowa,  1913,  p.  267.  The  law  was  declared  constitu- 
tional by  the  Supreme  Court  of  Iowa,  May  12,  1914.  —  The  Register 
and  Leader,  (Des  Moines),  Vol.  LXV,  No.  315,  May  13,  1914. 

523  Cyclopedia  of  American  Government,  Vol.  I,  pp.  66,  67. 


NOTES  AND  REFERENCES  387 

524  Tribunals  of  voluntary  arbitration  in  each  county  were  au- 
thorized in  188(5,  but  being  found  of  no  practical  value,  the  statute 
providing  for  them  was  omitted  by  the  commission  which  framed  the 
Code  of  1897.  —  Downey's  History  of  Labor  Legislation  in  Iowa, 
pp.   191,  192. 

525  Laws  of  lotva,  1913,  pp.  303-305.  Thus  far  two  disputes  have 
been  investigated,  the  Oskaloosa  Transit  Company  vs.  The  Amal- 
gamated Association  of  Street  and  Electric  Eailway  Employees,  and 
the  Fort  Dodge  Telephone  Company  vs.  the  Electrical  Workers  Union, 
and  in  both  instances  the  decision  has  been  in  favor  of  the  workmen 
but  the  companies  have  refused  to  abide  by  the  result.  —  Ecport  of 
the  Bureau  of  Labor  Statistics,  1914,  pp.  195-206;  a  letter  from  A. 
L.  Urick,  Commissioner  of  Labor,  to  the  writer,  dated  November  10, 
1914. 

526  If  the  employees  are  not  organized  it  is  necessary  tliat  a  ma- 
jority of  those  affected,  but  not  more  than  twenty,  should  sign  the 
application  for  the  ai>pointinent  of  a  board  of  arbitration. 

527  Downey's  History  of  Labor  Legislation  in  loxoa,  p.  105. 

528  Laws  of  loica,   1904,   p.   92. 
B29LoH.'s  of  loiva,  1909,  p.  141. 

530  Laws  of  loiva,  1913,  p.  217. 

531  Laws  of  Iowa,   1902,  p.   62. 

532  Laws  of  Iowa,    1913,   p.   217. 

633  Laws  of  Iowa,   1902,  p.  108. 

634  Laws  of  Iowa,  1911,  p.  188. 

635  Laws  of  Iowa,  1902,  pp.  108,  109. 

530  Another  act  mentioned  in  connection  with  the  inspection  of 
factories  gave  the  Commissioner  power  to  notify  those  in  charge  of  a 
factory  of  neglect  in  respect  to  fire  escapes,  but  he  was  powerless  to 
enforce  compliance.  —  Laws  of  Iowa,  1902,  p.  62. 

537  Laws  of  lotva,  1904,  p.   124. 

538  Laws  of  Iowa,  1911,  pp.  140-144. 

539  Laws  of  Iowa,  1900,  p.  62. 
6"  Laws  of  Iowa,  1902,  p.  62. 


388  SOCIAL  LEGISLATION  IN  IOWA 

541  Laws  of  loiva,  1904,  p.  93. 

542  Laws  of  Iowa,  1911,  p.  117. 

543  Laws  of  Iowa,  1900,  p.   61.     Formerly  the  limit  for  traveling 
expenses  was  $500.  —  Code  of  1897,  Sec.  2483, 

544Loii's  of  Iowa,  1907,  p.  129. 

545  Laws  of  Iowa,  1911,  p.  120. 

546  Laws  of  Iowa,  1911,  p.  105. 

547  Laws  of  loiva,  1913,  p.  218. 

548  Laws  of  Iowa,  1911,  p.  106. 

549  Laws  of  Iowa,  1902,  p.  63. 

550  Laws  of  Iowa,  1902,  p.  63. 

551  Laws  of  Iowa,  1906,  p.  73. 

552  Laws  of  Iowa,  1913,  p.  220. 

553  Laws  of  Iowa,  1911,  p.  116. 

554  Laws  of  Iowa,  1913,  p.  220. 

555  Laws  of  Iowa,  1913,  p.  169. 

556  Laws  of  Iowa,  1911,  pp.  106-108. 
551  Laws  of  Iowa,  1913,  pp.  220,  221. 

558  Laws  of  Iowa,  1911,  pp.  108-111. 

559  Laws  of  Iowa,  1913,  pp.  218,  219. 

560  Laws  of  Iowa,  1911,  pp.  Ill,  113-116. 

561  Laivs  of  Iowa,  1913,  p.  219. 

562  Laws  of  Iowa,  1911,  pp.  113,  114. 

563  Laws  of  loica,  1913,  pp.  219,  220. 

564  Laws  of  Iowa,  1911,  p.  111. 

565  Laws  of  Iowa,  1911,  pp.  110,  111,  115,  116. 

566  Downey 's  History  of  Laior  Legislation  in  Iowa,  p.  50. 

567  Laivs  of  Iowa,  1902,  p.  63. 

568  Laws  of  Iowa,  1911,  p.  118. 


NOTES  AND  REFERENCES  389 

569ia«;s  of  Iowa,  1911,  p.  115. 

570  -Laws  of  Iowa,  1907,  pp.  129,  130. 

5"!  Laws  of  Iowa,  1900,  pp.  61,  62. 

572  Laws  of  Iowa,  1909,  p.  141. 

573  Laws  of  loiva,  1911,  p.  118. 

574  Laivs  of  Iowa,  1911,  p.  117. 

675  Laws  of  Iowa,   1902,  p.  63. 

676  Laws  of  Iowa,  1911,  pp.  114,  118. 

677  Laws  of  Iowa,  1911,  pp.  116,  117. 
578  Laws  of  Iowa,  1911,  pp.  117,  118. 

679  Lows  of  Iowa,  1911,  p.  116. 

680  Laws  of  Iowa,  1911,  p.  119. 

581  Laws  of  Iowa,  1898,  p.  33.  The  time  limit  given  to  companies 
within  which  to  equip  their  cars  with  automatic  couplers  had  never 
applied  to  power  brakes. 

582  Laws  of  Iowa,  1907,  p.  107. 

583  Laws  of  Iowa,  1907,  pp.  112,  113. 

584  Laws  of  Iowa,  1909,  pp.  118,  119. 

585  Laws  of  Iowa,  1911,  pp.  92,  93. 

586  Laws  of  Iowa,  1913,  p.  190. 

587  Some  powers  and  duties  of  the  Board,  such  as  the  inspection  of 
equipment  and  bridges  and  the  promotion  of  ' '  the  security,  conven- 
ience, and  accommodation  of  the  public"  have  a  bearing  upon  the 
safety  of  the  public  and  employees  and  to  that  extent  may  be  regarded 
as  social  rather  than  economic. 

588  Laws  of  Iowa,  1907,  p.  113. 

689  Downey's  'History  of  Labor  Legislation  in  Iowa,  p.  89. 

590  Latvs  of  Iowa,  1913,  p.  169. 

591  Laws  of  Iowa,  1907,  p.  29. 
692  Laws  of  lotva,  1909,  p.  41. 


390  SOCIAL  LEGISLATION  IN  IOWA 

593  Laws  of  Iowa,  1911,  p.  28. 

594  Latvs  of  Iowa,  1900,  p.  63. 

595  Laws  of  Iowa,  1909,  p.  143. 

596  Laws  of  Iowa,  1911,  p.  125. 

597  Laws  of  Iowa,  1898,  p.  33. 

598  The  Code  of  1897  had  declared  that  persons  employed  on  trains 
not  equipped  with  driver  brakes  and  automatic  couplers  did  not  as- 
sume the  inherent  risk.  —  Code  of  1897,  Sec.  2083. 

599  Laws  of  Iowa,  1907,  p.  182. 

600  Laws  of  Iowa,  1909,  p.  200. 

601  Laws  of  loioa,  1909,  pp.  117,  118. 

602  Laws  of  Iowa,  1906,  p.  47. 

603  Laws  of  loica,  1913,  pp.  154-172. 

604  Laws  of  Iowa,  1911,  pp.  230,  231. 

In  general  there  are  two  methods  of  indemnifying  workmen  for 
accidents  whereby  the  burden  is  shifted  from  the  individual  sustaining 
injury  to  the  industry  causing  it  and  ultimately  to  society:  (1)  com- 
pensation, by  which  each  employer  becomes  individually  responsible 
for  the  injuries  of  his  employees  (which  is  the  English  system),  and 
(2)  insurance,  by  which  employers  in  each  industrial  group  become 
collectively  responsible  for  injuries  in  that  employment  (which  is 
the  German  system).  In  the  United  States  the  compensation  plan 
has  met  with  much  the  greater  favor  among  the  twenty-three  Com- 
monwealths which  have  since  1909  abandoned  the  former  liability  laws. 
To  avoid  unconstitutionality  most  of  the  legislation  makes  the  adop- 
tion of  the  new  plans  elective. 

Maryland  (1912),  Washington  (1911),  Nevada  (1913),  Ohio 
(1913),  West  Virginia  (1913),  and  Oregon  (1913)  have  accident 
insurance  laws;  while  New  York  (1913),  Kansas  (1911),  New  Jersey 
(1911),  California  (1913),  New  Hampshire  (1911),  Wisconsin  (1913), 
Illinois  (1911),  Massachusetts  (1911),  Michigan  (1912),  Ehode  Is- 
land (1912),  Arizona  (1912),  Texas  (1913),  Iowa  (1913),  Nebraska 
(1913),  Minnesota  (1913),  and  Connecticut  (1913)  entertain  the 
compensation  plan.  In  Montana  a  compulsory  insurance  law  apply- 
ing to  coal  miners  was  declared  unconstitutional.  —  The  American 
Year  Book,  1912,  pp.  236,  420;  The  American  Year  Book,  1913,  pp. 


NOTES  AND  REFERENCES  391 

378,  379,  431-433;  Downey's  Work  Accident  Indemnity  in  Iowa  in  the 
Iowa  Applied  History  Series,  Vol.  I,  pp.  440,  441,  447,  449. 

605  A  summary  of  the  opinion  of  the  court  may  be  found  in  The 
Register  and  Leader  (Des  Moines),  Vol.  LXV,  No.  3.57,  June  23, 
1914. 

006  Laws  of  Iowa,  1898,  p.  38. 

807  Lairs  of  Iowa,  1911,  j.p.  112,  113. 

608  Laws  of  Iowa,  1911,  p.  115. 

609  Laws  of  Iowa,  1913,  p.  219. 

610  Laivs  of  lotca,  1898,  pp.  38,  39. 

611  Laws  of  Iowa,  1911,  pp.  118,  119. 

612  Laws  of  Iowa,   1902,  pp.  107,  108. 

613  Laws  of  Iowa,  1911,  p.   187, 
6nLrttts  of  Iowa,  1902,  p.   108. 

615  Laws  of  Iowa,  1913,  p.  314. 

616  Laws  of  Iowa,   1902,  p.  108. 

617  Downey's  History  of  Labor  Legislation  in  Iowa,  p.  117. 

618  Laxvs  of  Iowa,  1906,  pp.  71-73. 

619  Laws  of  Iowa,  1909,  p.  141. 

620  Laws  of  Iowa,  1902,  pp.  78-80. 

621  Laws  of  Iowa,  1904,  p.   113. 
«22Laws  of  Iowa,   1907,  p.  152. 

623  Laws  of  Iowa,  1909,  pp.  180,  181. 

624  Laws  of  Iowa,  1913,  p.  272. 

625  Laws  of  Iowa,  1913,  p.  271. 

626  Laws  of  Iowa,  1913,  pp.  273,  274. 

CHAPTER  XV 

627  Laws  of  Iowa,  1902,  p.  67. 

628  Lows  of  Iowa,  1904,  p.  102. 


392  SOCIAL  LEGISLATION  IN  IOWA 

<i'^s  Laws  of  Iowa,  1906,  p.  79. 

630  Laws  of  Iowa,  1909,  pp.  152,  153. 

631  Laws  of  Iowa,  1900,  pp.  66,  67. 
^s2Laws  of  Iowa,  1902,  p.  68. 

633  Laws  of  Iowa,  1902,  pp.   154,  155. 
^3iLaws  of  Iowa,  1904,  p.  101. 

635  Laws  of  Iowa,  1909,  p.   153. 

636  Laws  of  Iowa,  1911,  p.  135. 

637  The  jurisdiction  of  the  State  Board  of  Health  now  includes 
the  Embalmers'  Department  (Laws  of  Iowa,  1907,  p.  140),  Nurses' 
Department  (Laws  of  Iowa,  1907,  p.  137),  Antitoxin  Department 
(Laws  of  Iowa,  1911,  p.  136),  Bacteriological  Department  (Laws  of 
Iowa,  1904,  p.  105),  Medical  Examiners'  Department  (Code  of  1897, 
Sec.  2576),  Optometry  Department  (Laws  of  Iowa,  1909,  p.  159), 
and  Vital  Statistics  Department  (Laws  of  Iowa,  1904,  p.  103).  Other 
tributary  functions  that  have  devolved  upon  the  State  Board  of  Health 
are  the  regulation  of  the  inspection  of  petroleum  products  (Laws  of 
Iowa,  1898,  p.  34),  the  testing  of  gasoline  lamps  (Laws  of  Iowa, 
1900,  p.  63),  the  disposal  of  bodies  for  anatomical  purposes  (Laws  of 
Iowa,  1900,  p.  92),  the  regulation  of  maternity  hospitals  (Laws  of 
Iowa,  1907,  p.  135),  the  supervision  of  hotel  inspection  (Laws  of 
Iowa,  1909,  p.  163),  the  review  of  the  regulations  of  the  State  Veter- 
inary Surgeon  in  regard  to  the  spread  of  infectious  diseases  among 
domestic  animals  (Code  of  1897,  Sec.  2530),  and  the  distribution  of 
literature  pertaining  to  sanitation  and  hygiene  (Code  of  1897,  Sec. 
2565). 

638  Laws  of  Iowa,  1913,  pp.  232-234. 

639  Laws  of  Iowa,  1911,  p.  136. 

640  Laws  of  lotva,  1904,  pp.   102,  103. 

641  Laws  of  Iowa,  1902,  pp.  68,  69. 

642  Laws  of  Iowa,  1902,  pp.  66,  67. 

643  Lau-s  of  Iowa,  1906,  p.  79. 

644  Laws  of  Iowa,  1909,  p.  152. 

645  Laws  of  Iowa,  1911,  p.  134. 


NOTES  AND  REFERENCES  393 

e*6Law8  of  Iowa,  1913,  i)p.  236,  237. 
047  Laws  of  Iowa,  1913,  pp.  208,  209. 

648  Laws  of  Iowa,  1898,  p.  40. 

649  Latvs  of  Iowa,  1907,  pp.  132,   133. 

650  Laws  of  Iowa,  1906,  pp.  120,   121. 

651  Laws  of  Iowa,  1904,  p.  150. 

652  Laws  of  Iowa,  1906,  pp.  84-86. 

653  Laws  of  Iowa,  1907,  p.   147, 
6&*Laws  of  Iowa,  1913,  p.  258. 

055  Laws  of  Iowa,  1913,  pp.  258,   259. 
656  Laws  of  Iowa,  1909,  pp.  27,  28. 
651  Laws  of  Iowa,  1911,  p.   134. 

658  Laws  of  Iowa,  1913,  pp.  38,  39. 

659  Cyclopedia  of  American  Government,  Vol.  Ill,  pp.  623-625. 

660  Laws  of  Iowa,  1904,  pp.  103,  104. 

661  Laws  of  Iowa,  1906,  pp.  77,  78. 

662  Laws  of  Iowa,  1907,  p.  134. 

663  Laws  of  Iowa,  1906,  pp.  16-18. 
604  Laws  of  Iowa,  1907,  p.  28. 

665  Laws  of  Iowa,   1907,  pp.  135-137. 

666  Lau-s  of  Iowa,  1913,  p.  38. 
6GT  Laws  of  Iowa,  1909,  pp.  24-28. 

668  Laws  of  Iowa,  1902,  pp.  63,  64. 

669  Laws  of  Iowa,  1900,  i)p.  40,  64. 

670  Laws  of  Iowa,  1904,  p.  97. 

671  Laws  of  Iowa,  1907,  p.  132. 

61^  Laws  of  Iowa,  1906,  pp.  115-118. 

673  Laws  of  Iowa,  1906,  pp.  75,  132. 

674Law's   of  Iowa,    1907,    pp.    131,    181,    188,   189.     Formerly  the 


394  SOCIAL  LEGISLATION  IN  IOWA 

Board  of  Health  and  the  Inspectors  of  Petroleum  Products  had  juris- 
diction over  the  purity  of  linseed  oil.  —  Laws  of  loiva,  1898,  p.  34. 

eT5  Laws  of  Iowa,  1911,  pp.  123,   125. 

6-!G  Laws  of  loiva,   1909,  p.   72. 

C77  Laws  of  Iowa,  1911,  pp.  127,   129. 

C78  Laws  of  Iowa,  1913,  pp.  228,  229. 

079  Laws  of  Iowa,  1898,  p.   60. 

680  Laws  of  Iowa,  1906,  jip.  118,  119,  121. 

681  Laivs  of  Iowa,  1906,  pp.  116,  117. 

682  Laws  of  Iowa,  1906,  pp.  116-118;  Laics  of  Iowa,  1907,  p.  182. 

683  Laws  of  Iowa,  1907,  pp.   178,  179. 

684  Laws  of  Iowa,  1907,  pp.   179-181. 

685  Laws  of  Iowa,  1909,  p.   201. 
68G  Laws  of  lotca,  1911,  p.   192. 

lis- Laws  of  Iowa,   1911,  pp.  190,  191. 

688  Laws  of  Iowa,  1913,  p.  314. 

689  Laws  of  Iowa,  1911,  p.  191. 

690  Latvs  of  Iowa,  1911,  pp.   128,  129. 

691  Latvs  of  Iowa,    1913,   pp.  222-224. 
^^^Laws  of  Iowa,  1913,  pp.  226-229. 

693  Laws  of  lotca,  1907,  pp.   176-178. 

694  Laws  of  Iowa,  1911,  p.   192. 

695  Laws  of  Iowa,  1911,  p.  193. 

696  Laws  of  loica,  1904,  p.   28. 

697  Laws  of  Iowa,  1907,  p.   31. 

698  Laws  of  Iowa,  1909,  pp.  42,  43. 

699  Laws   of  Iowa,  1913,  p.   83. 

700  Laws  of  Iowa,  1913,  p.  21. 

701  Laws  of  loica,   1913,  p.  51. 


NOTES  AND  REFERENCES  395 

702  This  law  is  discussed  in  Chapter  VI. 

^ozLaws  of  Iowa,   1909,  p.   200. 

704  Laws  of  Iowa,   1902,  p.   107. 

-0'^  Laws  of  Iowa,   1911,  p.   187. 

■! 00  Laws  of  Iowa,   1909,  p.  162. 

T07  Laws  of  Iowa,  1909,  p.   119. 

■JOS  Laws  of  Iowa,  1913,  p.  199. 

709  Lait-s  of  Iowa,   1898,  p.  34. 

710  Laws  of  Iowa,  1904,  p.  65.  This  law  was  rewritten  by  the 
Thirty-fifth  General  Assembly,  but  merely  for  the  purpose  of  elimi- 
nating certain  ambiguities.  —  Laws  of  Iowa,  1913,  p.  179. 

711  Laws  of  Iowa,    1909,  pp.   196-198. 

712  Law*  of  Iowa,   1911,  p.  198. 

713  Lau'«  of  Iowa,  1911,  p.  27. 

714  Laws  of  loua,  1913,  pp.  43,  44.  Under  the  original  act  it  will 
be  noted  that  Des  Moines  was  the  only  city  affected  and  the  special 
provision  in  regard  to  special  charter  cities  in  the  present  law  was 
obviously  made  for  the  benefit  of  Muscatine. 

715  Laws  of  Iowa,  1913,  p.  51. 

CHAPTEE  XVI 

716  Lau'S  of  Iowa,  1913,  p.  54.     The  italics  are  the  writer's. 

717  Laws  of  Iowa,  1913,  p.  55.  Formerly  under  Sec.  711  of  the 
Code  of  1897  the  only  possible  requirement  was  that  the  outer  walla 
should  be  made  of  non-combustible  material  and  the  roof  of  fire- 
proof construction.     Neither  could  the  cost  be  charged  to  the  owner. 

718  Laws  of  Iowa,  1900,  pp.  93,  94. 

719  Lam  of  Iowa,  1902,  pp.  108-110. 
■!20Laws  of  Iowa,  1904,  pp.  123-125. 
721  Laws  of  Iowa,  1909,  p.  201. 
''^^Laws  of  Iowa,  1911,  p.   189. 

723  Laws  of  Iowa,   1913,  p.  313. 


396  SOCIAL  LEGISLATION  IN  IOWA 

724  Laws  of  Iowa,  1909,  pp.  161-165. 
■: 25  Laws  of  Iowa,  1898,  p.  20. 

726  Laws  of  Iowa,  1909,  pp.  35,  61. 

727  Laws  of  Iowa,  1913,  pp.  55,  56. 

728  Cities  having  a  population  of  over  60,000  is  the  way  the  law 
reads. 

729  Laws  of  Iowa,  1902,  pp.  16-19. 

730  Laws  of  Iowa,  1907,  pp.  24,  25. 

731  Laws  of  Iowa,  1911,  pp.  24,  25. 

732  Laws  of  Iowa,  1907,  pp.  44-46. 

733  Laws  of  Iowa,  1911,  pp.  38,  39.  Formerly  he  had  been  elected 
by  the  city  council.  —  Laws  of  Iowa,  1907,  p.  43. 

734  Laws  of  Iowa,   1911,  pp.   140-144. 

'!^5  Laws  of  Iowa,  1913,  pp.  245,  246.     The  italics  are  the  writer's. 
7^^  Laws  of  Iowa,  1907,  p.  127. 

737  The  Thirty-third  General  Assembly  made  it  a  misdemeanor  to 
place  or  leave  glass  in  a  road  or  street  so  as  to  interfere  with  safe 
travel.  —  Laxos  of  Iowa,  1909,  pp.  193,  194. 

738  Laws  of  Iowa,  1900,  p.  38. 
■!^sLaws  of  loica,  1904,  p.  44. 
■aoLaws  of  Iowa,  1909,  p.   93. 
741  Laws  of  Iowa,  1904,  pp.  44-46. 
Ti2Laws  of  Iowa,  1907,  p.   73. 

743  Laws  of  Iowa,  1909,  p.  94, 

744  Laws  of  Iowa,  1911,  pp.  69-76. 
Ti^Laws  of  Iowa,  1913,  pp.  125-129. 

746  Latvs  of  Iowa,  1907,  p.  144. 

747  Laws  of  Iowa,  1909,  pp.  155,  156. 
■'i^Laivs  of  Iowa,  1911,   p.   138. 

749  Laws  of  Iowa,  1902,  pp.  69,  70. 


NOTES  AND  REFERENCES  397 

ISO  Laws  of  Iowa,  1907,  p.  145. 
751  Laws  of  Iowa,   1909,  p.  157. 
T52Laws  of  Iowa,  1911,  p.   139. 
T53  Laws  of  Iowa,  1907,  pp.  182,  183. 
154  Lairs  of  Iowa,  1898,  p.   39. 
755  Laws  of  Iowa,  1900,  pp.  62,  63. 
75Q  Laics  of  Iowa,  1902,   pp.  63,  120. 

757  Laws  of  Iowa,  1904,  pp.  93-97. 

758  Lows  of  Iowa,  1911,  pp.  120,  121. 

759  Laws  of  Iowa,  1906,  pp.  74,  75. 

loo  Laws  of  Iowa,  1907,  p.  184;  Laws  of  Iowa,  1913,  pp.  307-309. 

CHAPTER  XVII 

76il,«;cs  of  Iowa,   1900,  p.  94. 
•62  Laws  of  Iowa,   1909,  p.   199. 

763  Laws  of  Iowa,   1911,  p.  193. 

764  Laws  of  Iowa,  1907,  pp.  184,  185. 
765l,aa-s  of  Iowa,   1900,  p.  94. 

760  Laws  of  Iowa,   1909,  p.  138. 

■JOT  Laws  of  Iowa,   1911,  p.  187. 

768  Laws  of  Iowa,   1906,  p.   114. 

■!69  Laws  of  Iowa,   1909,  p.  194. 

T'OLaws  of  Iowa,   1907,   p.   173. 

■n^Laws  of  Iowa,  1909,  pp.  198,  199. 

T'^Laws  of  loiva,  1906,  p.  114. 

TTsLaws  of  Iowa,  1913,  p.  313. 

"*Laws  of  Iowa,   1909,  i)p.   196-198. 

775  Laws  of  Iowa,  1909,   p.   198. 

"^10  The  Bcyister  and  Leader   (Dcs  Moines),   Vol.  LXVI,   No.   32, 
August  2,  1914.     There  are  now  fourteen  "dry"  States.     The  result 


398  SOCIAL  LEGISLATION  IN  IOWA 

of  the  November  election  added  Arizona,  Colorado,  Oregon,  and 
Washington  to  the  ten  —  Georgia,  Kansas,  Maine,  Mississippi,  North 
Carolina,  North  Dakota,  Oklahoma,  Tennessee,  Virginia,  and  West 
Virginia  —  which  had  formerly  declared  for  State-wide  prohibition.  — 
Independent,  Vol.  LXXX,  pp.  6,  230. 

777  Laws  of  Iowa,  1900,  pp.  59,  60,  164,  165. 

778  Laws  of  Iowa,  1902,  pp.  60,  61. 
^i^Laws  of  Iowa,  1904,  p.  92. 
'TS'JLatvs  of  Iowa,  1904,  pp.  3,  91,  92. 

781  Laws  of  Iowa,  1906,  pp.  69-71. 

782  Laws  of  Iowa,   1907,   pp.   125-127. 

783  Laws  of  Iowa,   1909,  p.   139. 
■'S'^Laws  of  Iowa,   1909,  p.  140. 
■rssLaws  of  Iowa,   1909,   pp.  136-138. 
786La„,s  of  Iowa,  1911,  pp.   101,  102. 
■!S7  Laws  of  Iowa,   1911,  pp.  102,  103. 
■r»sLaws  of  Iowa,  1911,  p.  118. 
■!»^Laws  of  Iowa,  1911,  p.  104. 

790  Laws  of  lotva,  1913,  pp.  213-215,  311. 

791  Laws  of  Iowa,  1913,  p.  261. 
■^^^Laws  of  Iowa,  1909,  pp.  202,  203. 
793  Laws  of  Iowa,  1913,  p.  311. 
■!Q*Laws  of  Iowa,  1904,  p.   125. 

795  Laws  of  Iowa,  1907,  p.  26. 

796  Laws  of  Iowa,  1909,  pp.  179,  180. 
•t^- Laws  of  Iowa,  1900,  \\  10- 
798ia«;s  of  Iowa,  1911,  p.   194. 
■J^^Laws  of  Iowa,  1904,   p,  123. 

800  Lau-s  of  Iowa,  1907,  p.   174. 


NOTES  AND  REFERENCES  399 

CHAPTER  XVIII 

801  The  first  interference  by  the  government  in  domestic  affairs 
was  in  the  establishment  of  civil  marriage  following  Luther's  over- 
throw of  the  ecclesiastical  control  tiiereof.  Thus  marriage  and  the 
family  came  to  be  recognized  as  social  institutions.  After  civil  mar- 
riage came  its  counterpart  —  civil  divorce.  Next  the  State  entered  the 
home  and  compelled  the  children  to  attend  public  schools.  Later  the 
labor  of  children  under  unfavorable  conditions  l>ecame  a  menace  and 
it  has  been  regulated.  .Juvenile  courts  have  been  established  to  con- 
trol unruly  and  incorrigible  children.  Recognizing  the  vital  impor- 
tance of  nornuil  home  life,  the  government  has  undertaken  to  provide 
artificial  homes  for  certain  classes.  Recently  mothers'  pensions  have 
taken  cognizance  of  the  same  principle.  In  some  places  food  is 
furnished  by  the  public  to  underfed  school  children.  Just  now  peo- 
ple are  confronted  with  the  proposition  of  eugenics  and  the  steriliza- 
tion of  defectives:  the  artificial,  scientific  imjirovement  of  the  human 
race.  It  is  to  be  hoped  that  the  time  will  come  when  Common  Law 
marriages  will  be  abolished,  when  the  parties  to  the  marriage  will  be 
required  to  be  of  legal  age,  when  the  ajjproaching  ceremony  must  be 
publicly  announced  for  a  specified  period  preceding  the  issuance  of 
the  license,  when  there  will  be  a  thorough  system  of  vital  statistics, 
and  when  there  will  be  a  trained  civil  officer  for  the  special  business 
of  solemnizing  wedlock.  —  Howard 's  Social  Control  of  the  Domestic 
Eehitions  in  The  American  Journal  of  Sociology,  Vol.  XVI,  pp.  807- 
817. 

»o2  Laws  of  Iowa,  1902,  p.   100. 

803  Latvs  of  Iowa,  1906,  pp.  77,  78. 

804  Lows  of  Iowa,  1907,  p.   167. 

805  Laws  of  Iowa,  1907,  pp.   171,  172. 
80G  Laivs  of  loiva,   1909,   p.   194. 

807  Laws  of  Iowa,  1913,  pp.  210,  287,  288. 


INDEX 


INDEX 


Abandonment,  support  of  poor  in  case 
of,  37;  penalty  for,  49,  69;  defini- 
tion  of,    157;    reference   to,    107 

Abnormal  person,  penalty  for  exhibi- 
tion of,   333 

Accidents,  cause  of,  on  railroads,  262, 
263,  264  (see  also  Work  accidents) 

Accounts,   uniform  system   of,   149 

AcetaHilide,  labeling  of,  303 

Acids,   sale  of,   327,   328 

Aconite,   sale  of,   132 

Aconitine,  sale  of,  327,  328 

Adjutant,  appointment  of,  94,  160; 
qualifications   of,   94 

Adopted  children,  maltreatment  of, 
67 ;  relations  of,  to  foster  parents, 
67 

Adoption,  regulations  of,  67,  70,  96, 
166,  167;  privilege  of,  67;  effect 
of,  on  inheritance,  67 ;  record  of, 
67;  provision  of  articles  of,  166; 
system  of,  for  juvenile  delinquents, 
222 ;  powers  of,  by  maternity  hos- 
pitals, 296 

Adulteration,  penalty  for,  47,  86,  126, 
128,  133;  definiUon  of,  in  milk, 
126 ;  prohibition  of,  in  butter  and 
cheese,  127 ;  practice  of,  by  phar- 
macists, 128;  process  of,  in  cream, 
301;  definition  of.  in  food.  301, 
302,  303;  classification  of  offenses 
of,  304 ;  definition  of,  in  drugs, 
308 

Adultery,  31;  relation  of,  to  divorce, 
32,    34,    51;    penalty   for,    51 

Advertisements,  penalty  for  immoral, 
135;    location    of,    342 

Aged   people,    classification    of,    28 

Agricultural  college,  penalty  for  sale 
of  liquor  near,  88;  control  of,  by 
Board  of  Control.  152;  reference 
to,  298 ;  use  of  liquor  by  students 
at,  336,  337;  sale  of  liquor  within 
five  miles   of,    340.   341 

Agricultural  seeds,    inspection  of,   299 

Agriculture,  importance  of,  in  Eng- 
land.   11 

Air  course,  injury  to,  110;  obstruc- 
tion   of,    by    miners,    202 

Air  current,  direction  nf,  262;  situa- 
tion of,  in  mines,  275;  location  of 
stables,  gasoline,  and  gasoline  en- 
gines on,  276;  measurement  of, 
275,  270;  splitting  of,  275.  276; 
doors  directing,  276;  effect  of 
breaks  through  on,  276;  suspension 


of  work  to  repair,  276;  penalty  for 
failure  to  provide,  276 ;  measure- 
ment of,  in  gypsum  mines,  276; 
splitting   of,    in   gypsum   mines,    276 

Air  gauge,  equipment  of  caboose  cars 
with,    265 

Air  shafts,  construction  of,  in  mines, 
113 

Air  valves,  equipment  of  caboose  cars 
with,   2  65 

Alabama,   206,   382 

Alcohol,  teaching  of  effects  of,  105; 
labeling  of,   308 

Alleys,  freedom  of,  from  nuisances, 
61  ;    repair    of,    62 

Allotment    system,    15 

Allowances,  employment  of,  for  poor 
support,  39 

Almond  extract,  standard  of,  303 

Alms  collectors,  vagrancy  of  fraud- 
ulent,   46 

Alpha   eucaine,    sale   of   329 

Altruism,  movement  toward,   18,   19 

Ames   (see  Agricultural  College) 

Ammoniated  mercury,  sale  of,  327, 
328 

Anamosa,  establishment  of  peniten- 
tiary  at,    79 

Anamosa  Cooperage  Company,  con- 
tract of,   for  convict  labor,  211,  381 

Anise   extract,   standard   of,    303 

Anterior  poliomyelitis,  quarantine  of, 
288 

Antitoxin,  State,  manufacture  of,  287; 
sale  of,   287;   price  of,   287 

Antitoxin  department,  establishment 
of,  287;  appropriation  for,  287; 
reference  to,  392 

Apothecaries,  duty  of,  to  label  poison, 
48,   62 

Apprentices,  settlement  of,  38;  cloth- 
ing of.   54;    schooling  of,   54 

Apprenticeship,   regulation   of,    32 

Appropriations,   dual   system   of,    56 

Arbitration  boards,  provisions  for, 
246;  jurisdiction  of,  246;  appoint- 
ment of.  2  16.  247;  decisions  of, 
246,  247;  powers  of.  247;  com- 
pensation of,   247,   248 

Arbitration  committee,  composition  of, 
275 ;  duties  of,  275 ;  review  of  de- 
cisions of.  275;  appeal  from  de- 
cision of,  275 

Architect,  employment  of,  by  Board 
of  Control   150;   salary  of.   150 

Aristocracy,  control  of  government  by, 

403 


404 


INDEX 


17;  opposition  of,  to  laboring  class, 
18 

Arizona,  Civil  Law  in,  352;  indeter- 
minate sentence  in,  380,  381;  work- 
men's compensation  in,  390 ;  pro- 
hibition   in,    398 

Arkansas,   382 

Arsenate  of  copper,   sale  of,   327,   328 

Arsenic,  sale  of,   132,   327,   328 

Arson,  31;  denial  of  probation  in  case 
of,   210;   charge  of,   322 

Asexualization,  legislation  governing, 
196-199;  negative  eugenics  of,  197; 
application  of,  197;  penalty  for, 
198,  199;  unconstitutionality  of, 
199 ;  effect  of,  on  marriage  of  ep- 
ileptics and  syphilitics,  346;  extent 
of,  in  United  States,  378;  reference 
to,  399 

Assault,    31;   penalty  for,    49 

Assault  and  battery,  penalty  for,  49, 
63 

Assemblies,  protection  of  lawful,  from 
disturbance,  87 

Assembly  halls,   doors  in,   316 

Asses,    destruction   of   diseased,    86 

Assessor,  enumeration  of  blind  per- 
sons by,  171;  enumeration  of  sol- 
diers' orphans  by,  70,  97 ;  report 
of  births  and  deaths  by,  124,  125, 
294.  295;  enumeration  of  deaf  and 
dumb  by,  173 

Assistant  Dairy  Commissioners,  num- 
ber of,  298;  appointment  of,  298; 
salary   of.   298 

Assistant  deputy  warden,  duties  of, 
183,  203;  appointment  of,  203; 
salary  of,   365 

Assumption  of  risk,  development  of 
doctrine  of.  83.  84;  modiiication  of 
doctrine  of.  118,  119.  270,  271; 
definition  of,  269 ;  abrogation  of 
rule  of,  271,  273;  use  of  defense  of, 
273 

Asylums,  establishment  of,  for  blind 
and  deaf,  56;  character  of,  for 
blind  and  deaf,  56;  qualifications 
for  admission  to,  56;  payment  of 
expenses  at,  56;  supervision  of,  56; 
appropriations  for,  56;  conversion 
of  insane,  into  hospitals.  101;  fire 
escapes  on.  314,  315,  316;  tuition 
in,    for   blind   and    deaf,    359 

Atropine,   sale   of,    327,   328 

Attornev  General,  presence  of,  on 
Board  of  Health,  120 

Attorneys,  power  of  Industrial  Com- 
mission to  decide  claims  of,  274, 
275 

Audience  rooms,  fire  protection  in, 
131 

Auditor    (see   County   auditor) 

Automatic    couplers,    requirement    of. 


117;    effect    of,    on    work    accident 
indemnity,    118,    119;    extension    of 
time  for  equipment  with,   262 
Automobiles   (see  Motor  vehicles) 

Bacteriological  Department,  392 

Bail,  denial  of,  41,  77,  102 ;  regula- 
tions of,   in  juvenile  cases,  222 

Bakeries,  inspection  of,  300;  licens- 
ing of,  300;  sanitation  in,  306, 
307;   ceilings  in,    307 

Baking  powder,    labeling   of,    302 

Ball  games,  penalty  for  playing,  on 
Memorial    Day,    334 

Bandages,  supply  of,  in  mines,  262 

Bankers,  concealed  weapons  carried 
by,  332 

Banking,   policy   on,    356 

Bar,   situation   of,    140 

Barometer,   injury   of,   by  miners,   262 

Barvtes,  adulteration  of  candv  with, 
300.  301,  302 

Bawdy  house  keepers,  vagrancy  of,  45 

Bear  fighting,  penalty  for  conducting, 
89 

Bedrooms,   fire  escape  signs  in,   317 

Beds,  clean  linen  on,  289 ;  extermina- 
tion of  vermin  in,  289 ;  airing  of, 
289 

Beer,  legality  of  manufacture  and 
sale  of,  66;  effect  of  Five  Mile  Bill 
on   manufacture   of,    340,    341 

Beggars,   vagrancy   of,    45,   46 

Belladonna,    sale   of,    132 

Benevolent  institutions,  gifts  and  be- 
quests for,  92 ;  imprisonment  of 
women  in,  201,  202;  labor  of  wo- 
men imprisoned  in,  202 ;  super- 
vision of,  by  Board  of  Control,  202 

Bentham,    Jeremy,    influence    of,    14 

Benzaldehyde,   sale  of,   327,   328 

Benzine,  inspection  of,  132-134;  use 
of,   313;   labeling  of,   331 

Bequests,    control    of,    92 

Beta   eucaine,    sale   of,    329 

Betting,    penalty    for.    53,    66 

Bielefeld    Colony,    378 

Bigamy,  31  ;  relation  of,  to  divorce, 
34;  penalty  for.  51;  ground  of,  for 
marriage    nullification,    89 

Bill  of  attainder,  199 

Bill  of  rights,  place  of,  in  constitu- 
tions, 22 

Bill  posters,  control  of,   367 

Bill-boards,  construction  and  location 
of,  342,  343;  license  for,  343;  tax 
for,  343 

Billiard  halls,  exclusion  of  minors 
from.    143 ;    power  to   regulate,    143 

Billiard  tables,   regulation   of,   66,   143 

Billiards,   gambling   at,   358 

Biniodide   of  mercury,    sale   of.    132 

Births,    registration   of,    120,    296;    re- 


INDEX 


405 


port  of,  124,  125,  293,  294;  cer- 
tificates of,  29H ;  penalty  for  fail- 
ure to  report,   294 

Black  Death,  effect  of.   12 

Blank  cartridges,  penalty  for  sale  of, 
331 

Blasphemy,  penalty  for,  135,  136,  334 

Blends,   labeling  of,   302 

Blind,  care  of,  21.  40,  56,  97,  98; 
appropriation  for,  40;  character  of 
institutions  for,  68,  361  ;  college 
for,  70,  71;  eligibility  of,  to  college, 
70;  non-resident,  70,  71;  education 
of,  70,  71,  361  :  industrial  home 
for  adult,  71;  eligibility  of,  for  in- 
dustrial home,  98;  legislation  con- 
cerning, since  1897,  169-172;  com- 
pulsory education  of,  169,  170; 
enumeration  of,  171;  pensions  for, 
233  ;   tuition   in   asylum   for,   359 

Blue  Book,  social  legislation  in,   32-35 

Board  of  Agriculture,   298 

Board  of  appointment,  members  of, 
285,    286;    duties   of,    286 

Board  of  arbitration  (see  Arbitra- 
tion boards) 

Board  of  Control,  93,  96,  148-152, 
211,  239;  creation  of,  148;  powers 
of,  148,  149.  152.  178,  179,  187, 
203,  206,  217,  380;  membership 
of  148;  institutions  under,  148; 
control  of,  over  local  institutions, 
149,  175-178;  salarj'  of,  149;  sal- 
ary of  secretary  of,  149;  acting 
secretary  of,  149;  inspection  of  in- 
stitutions by,  149;  reports  of,  to 
Governor,  149;  suggestions  of,  for 
legislation,  149;  estimates  of,  for 
appropriations,  149,  150;  expenses 
reported  to,  150;  inventory  report- 
ed to,  150;  purchase  of  supplies  by, 
150:  improvements  at  institutions 
by,  150,  151;  conferences  of,  151; 
publication  of  information  bv,  151  ; 
districting  of  State  by.  151.  178; 
rules  of,  151  ;  appointment  of  ex- 
ecutive officers  by,  151.  152;  reg- 
ulation of  fire  protection  by,  151, 
215;  powers  of,  over  State  educa- 
tional institutions.  152;  duty  of,  to 
keep  record  of  inmates.  152;  ex- 
penditure of  millage  tax  levy  by, 
153 ;  control  of^  over  adopted  or 
placed-out  children,  106,  167,  228; 
control  of,  over  homes  for  the 
friendless.  167,  168:  bond  to,  of 
home-finding  associations.  168;  ef- 
fect of.  on  College  for  the  Blind. 
169;  report  of  assessors  to.  171; 
control  of,  over  Industrial  Home  for 
the  Blind,  171.  172;  visitation  of 
insane  by,  176.  178:  investigation 
of    abuse    of    insane    by,    176;    con- 


sent of,  to  removal  of  insane  pa- 
tients, 177;  duties  of,  in  commit- 
ment of  insane  to  State  hospitals, 
179-182;  duties  of,  in  case  of  e.s- 
cape  of  insane  person,  185;  estab- 
lishment of  department  for  inebri- 
ates by,  185,  186;  control  of  Hos- 
pital for  Inebriates  by,  187  ;  ap- 
pointment of  superintendent  by, 
187;  parole  of  inebriates  by,  190; 
restriction  of  admission  to  Hospital 
for  Inebriates  by,  191  ;  discharge 
of  patients  of  Hospital  for  Inebri- 
ates by,  191  ;  control  by,  of  Colony 
for  Epileptics,  196;  location  of 
Colony  for  Epileptics  by,  196;  con- 
trol of  penitentiaries  by,  202 ;  ap- 
pointment of  wardens  by,  202 ; 
supervision  of  benevolent  in.stitu- 
tions  by,  202  ;  supervision  of  Re- 
fonnatory  for  Females  by,  202  ;  ap- 
pointment of  officers  by,  202 ;  pur- 
chase of  custodial  farm  by,  207; 
supervision  of  convict  labor  on 
highways  by,  212;  contract  for 
convict  labor  by,  213;  establish- 
ment of  schools  in  Reformatory  for 
Females  by,  215;  rules  of,  for  bet- 
terment of  convicts,  215;  parole  of 
inmates  of  Reformatory  for  Fe- 
males by,  217;  supervision  of  in- 
stitutions caring  for  juveniles  by, 
223 ;  control  of  Industrial  Schools 
by,  225;  return  of  inmates  of  In- 
dustrial School  by,  228,  229;  parole 
of  inmates  of  Industrial  School  by, 
229 ;  supervision  of  support  of  In- 
dustrial Schools  by,  229-231;  in- 
vestigation of  tuberculosis  by.  290; 
appropriation  for  investigation  of 
tuberculosis  by,  290 :  control  of 
Sanitarium  by,  290,  291:  appoint- 
ment of  examining  physicians  by. 
291  ;  dissemination  of  information 
by.  291  ;  encouragement  of  treat- 
ment of  tuberculosis  locally  by,  291 

Board  of  Education,  152;  control  of 
College  for  the  Blind  by.  169.  170; 
salaries  fixed  by,  170;  sale  of  liquor 
near  institutions  under.   340,   341 

Board  of  Health,  116.  122.  285;  crea- 
tion of.  120;  membership  of.  120. 
286;  meetings  of,  120.  285;  juris- 
diction of.  120;  reports  of.  120, 
121;  suggestions  of,  for  legisla- 
tion, 121  ;  salaries  of  members  of, 
121,  286;  appropriation  for,  121: 
control  by.  of  sanitation.  128;  con- 
trol of  petroleum  inspectors  by. 
133;  appropriation  for.  285:  pow- 
ers of.  285.  286,  289 ;  rules  of, 
285:  re-organization  of,  285.  286; 
qualifications   of   members   of,    286; 


406 


INDEX 


approval  of  expenses  of,  286;  estab- 
lishment of  antitoxin  department 
by,  287;  duties  of,  293,  294;  re- 
ports of  vital  statistics  to,  293 ; 
control  of  maternity  hospitals  by, 
296;  Inspector  of  Hotels  on,  317; 
approval  of  gasoline  apparatus  by, 
330;  report  of  divorces  and  mar- 
riages to  secretary  of,  345 ;  juris- 
diction  of,    392 

Boards  of  health,  establishment  of,  in 
United  States,  21;  functions  of,  21, 
22   (see  also  Local  boards  of  health) 

Board  of  inspectors,  abolition  of,  for 
penitentiarj',    58 

Board  of  Parole,  duties  of,  197-199, 
204,  217-219;  reports  on  asexual- 
ization by,  199 ;  report  of  criminal 
statistics  by,  200;  creation  of,  203; 
membership  of,  203  ;  term  of  mem- 
bers of,  203  ;  office  of,  203 ;  ses- 
sions of,  203,  204 ;  compensation 
of,  204;  salary  of  secretary  of, 
204;  powers  of,  204;  reference  to, 
216;  granting  parole  by,  217,  218; 
data  furnished  to,  217;  reception 
of  petitions  by,  218;  probation  by, 
218;  authority  of,  in  pardons,  218, 
219 

Board  of  supervisors  (see  Supervis- 
ors) 

Board  of  Trustees   (see  Trustees) 

Boarding-houses,  labeling  of  imitation 
butter  and  cheese  in,  127;  doors 
in,  315;  lights  at  fire  escapes  in, 
315;   fire  escapes  on,   316,   317 

Boat  Inspectors,  appointment  of,  117, 
118;  duties  of,  118;  reports  of,  118 

Boat  inspection,  requirement  of,  118; 
frequency  of,   118;   fees  for,   118 

Boats,  inspection  of,  118;  licensing 
of,  118,  168;  safety  precautions  on, 
267,  268;  classification  of,  267; 
headlights  on,  267  ;  means  for  stop- 
ping of,  267,  268;  speed  of,  268; 
penalty  for  failure  to  properly 
equip,   268 

Bodelschvi'ingh,    Friederich    von,    378 

Bodies,  disposal  of,  for  anatomical 
purposes,    392 

Boiler  rooms,  location  of,  in  mines, 
268  ;  construction  of,   in  mines,  258 

Boilers    (see    Steam  boilers) 

Bond,  increase  of,  for  permit-holders, 
88;  requirement  of,  156,  226,  319; 
penalty  for  failure  to  execute,  156; 
recovery  of,  156 ;  reduction  of,  for 
wardens  and  clerks,  204;  protec- 
tion of  property  in  house  of  ill 
fame  by,  336;  amount  of,  in  case 
of  desertion,  346 

Bonds,  investment  of  firemen's  pen- 
sion funds  in,  234;  investment  of 
policemen's  pension  funds  in,   237; 


issue  of,  for  city  hospitals,  295 ; 
issue  of,  for  sewer  outlets,  309 ; 
surety  on,  of  dealers  in  liquor,   337 

Bone  factories,  regulation  of,  by  cities, 
129 

Bonfires,  prohibition  of,    130 

Books,  purchase  of,  in  penitentiaries, 
43,  214 

Bootlegger,  definition  of,  337;  injunc- 
tion  of,    33  7 

Bowling  alleys,  power  to  regulate, 
143 

Boxing  contests,  penalty  for,  333 

Boys,   employment   of,    in  mines,    116 

Brakes,  equipment  of  motor  vehicles 
with,  325 ;  equipment  of  ears  with, 
389    (see   also   Power  brakes) 

Branding  iron,   punishment  by,   354 

Brattice,   injury  of,    116 

Breach  of  peace,   acts  constituting,   31 

Breach  of  Sabbath,  definition  of,  63 ; 
penalty  for,  63 

Breaks-through,    regulation    of,    276 

Breweries,  prohibition  of,  from  retail- 
ing liquor,  339 

Bridges,  maintenance  of,  48;  freedom 
of,  from  nuisances,  61 ;  repair  of 
by  cities  and  towns,  62,  360; 
planking  of,  131;  failure  to  plank, 
324 ;  inspection  of,  on  railroads, 
389 

Bromine,   sale  of,   327,    328 

Brook   Farm,   establishment  of,    19 

Bubonic  plague,  quarantine  of,  288; 
fumigation  after,   288 

Bucket  shops,  penalty  for  operation 
of,    143 

Buildings,  regulation  of  construction 
of,  61,  130,  131,  313;  destruction 
of  dangerous,  130;  location  of,  at 
mines,  255 ;  inspection  of,  by  Food 
and  Dairy  Commissioner,  298; 
classification  of,  for  fire  escapes, 
314,  315,  316;  inspection  of,  322, 
323  ;  penalty  for  failure  to  remedy 
defects  of,  322 ;  construction  of, 
395 

Bull  fighting,  penalty  for  conducting, 
89 

Bureau  of  Labor  Statistics,  establish- 
ment of,  106;  purpose  of,  106; 
management  of,  106,  107;  scope  of, 
108;  legislation  concerning,  since 
1897,  240-243;  expenses  of,  241, 
242  :  field  covered  by,  241,  242,  243 

Burglary,    31 

Burial,  expenses  of,  in  workmen's 
compensation,  273,  274;  permit  for, 
293 

Business,  control  of,  over  legislation, 
24 

Butter,  penalty  for  use  of  deleterious 
material  in,  86;  definition  of  imita- 
tion,   127;    labeling   of,    127;    color- 


INDEX 


407 


ins   of,    lli7;    adulteration    of,    127; 

use      of,      in      penitentiaries,      215; 

standard    of,    303 
Butter    tubs,    prison    manufacture    of, 

381 
Buttnn-farcey,    destruction   of   animals 

affected  with,    86 

Caboose    cars,    legislation    relative    to, 

264,  265 
Cages,  construction  of,  in  mines,  114, 
254,    257;    operation    of,    in    mines, 
115;   passengers  in,   257;   speed  of, 
257 
Calendar,  keeping  of,  by  sheriflf,  40 
California,     pensions     in,     233 ;     asex- 
ualization   in,    378;    mothers'    pen- 
sions  in,    385;    workmen's   compen- 
sation in,   390 
Candleries,    regulation    of,    bv    cities, 

128 
Candy,   adult<>ration  of,   300.  301,   302 
Candy    factories,    inspection    of,    300 ; 

licensing    of,    300 
Cannabis  indica,  labeling  of.  308 
Canned    corn,    labeling   of,    303 
Canned  goods,  labeling  of,  127.  128 
Canning     factories,      hours     of     child 
lalxir    in,    279;    inspection    of.    300; 
licensing     of,     300;     sanitation     in, 
306,   307 
Cnntharidcs,   sale  of,   132.   327,   328 
Capital    punishment,    attitude    toward, 
19;   use  of,   29,   49;   policy  of,   41; 
abolition  of,   77,   87  ;  restoration  of, 
102 
Carbolic   acid,   sale  of,    132.    327,    328 
Cassia   extract,    standard    of,    303 
Casual     laborers,     exclusion     of,     from 

workmen's  componsation.  272 
Cattle,  penalty  for  bringing  in  dis- 
eased, 85,  86;  change  in  penalties 
in  regard  to  diseased.  124;  require- 
ment of  tuberculine  test  of.  290; 
quarantine  of,  290;  importation  of, 
290 
Cedar  Rapids,  police  matrons  in,  379  ; 

superior  court  in,   383 
Celery   seed   extract,    standard   of,    303 
Cemeteries,   control  of,  by  local  boards 
of   health.    121;    location    of   saloons 
near,    .'?.T7 
Census,    taking   of,    241 
Central     control,     appearance     of,     in 

jails,    41,    42 
Central   government,    formation    of,    11 
Centralization,   dancer  in.   11:   relation 
of,    to   social   welfare.    11:    influence 
of,     22 ;     evidence    of.     in    establish- 
ment  of    State    orphans'    home,    95 ; 
advance   in,    120:    tendency   toward, 
147,    148,    175.    176.    286."320,   321 
Cerebro-spinal    meningitis,    quarantine 
for,   288;    fumigation    aft.r,    288 


Certificates,  minimum  wage  deter- 
mined by  grade  of,  245 ;  require- 
ment  of,    in   mining   industry,   251, 

260,   261 

Certificates  of  hotel  inspection,  dis- 
play of,  318;  penalty  for  issuing 
false,  318 

Cesspools,  requirement  of,  310,  311 

Chaplain,  duties  of,  59,  202,  203; 
salary   of,   204,   359,   365 

Chairs,   prison  manufacture  of,   381 

Charitable  institutions,  centralization 
in,   95 

Charities,    centralization    in,    147,    148 

Charity,  ministration  of,  by  govern- 
ment, 68 ;  elimination  of  fraud  in, 
155 

Charity  organizations,  license  of,  to 
solicit  donations,    155 

Chartist  movement,  development  of, 
353 

Chartists,    demands    of,    353 

Chastity,   offenses  against,    31,   51-53 

Check-weighman,  appointment  of, 
109;   payment  of,   109 

Cheese,  penalty  for  use  of  deleterious 
material  in,  86:  definition  of  imita- 
tion, 127;  labeling  of,  127;  color- 
ing of,  127;  adulteration  of.  127 

Cheese  factories,  sanitation  in,  306, 
307 

Chemicals,  regulation  of  manufac- 
ture of,   129 

Chemist,  appointment  of,  298;  salary 
of,   298,    300;   duties  of.   309 

Cherokee,    insane    hospital    at.    101 

Chicago,  Milwaukee,  and  St.  Paul 
Railroad,    207 

Child  labor,  beginning  of,  in  fac- 
tories. 13  ;  effect  of,  on  industry ,^ 
13;  limitation  of,  14;  prohibition 
of,  in  mines,  116;  reference  to, 
242,  248;  enforcement  of  law 
against,  243,  252 ;  regulation  of, 
278-280,  366,  367,  399;  penalties 
for  violation  of  law  against,  280; 
relation  of  compulsory  education 
to,  280;  relation  of  playgrounds  to, 
282 

Children,  support  of  poor  parents  by, 
36;  settlement  of,  38;  penalty  for 
abandonment  of.  49;  penalty  for 
enticing  away  of,  49,  50,  157,  158, 
384;  imprisonment  of,  58;  adop- 
tion of,  67.  96.  157;  priority  of 
claim  of.  to  custody  of  defectives, 
77 :  reformation  of  delinquent.  80, 
81  :  cnmniitnipnt  of,  to  Reform 
School,  81,  226.  227;  return  of. 
from  Reform  School,  81,  82  ;  inden- 
ture of,  in  Reform  School,  81,  82, 
105,  227,  228;  powers  of.  to  re- 
cover dnmaees  from  illegal  liquor 
seller,  88  ;  legitimacy  of,  in  case  of 


408 


INDEX 


nullified  marriages,  89,  90 ;  educa- 
tion of  poor,  92  ;  relief  of,  94,  95 
burial  of,  94,  95;  commitment  of 
to  homes  for  friendless,  97 ;  reli 
gious  instruction  of,  97;  develop 
ment  of  feeble-minded,  99,  174 
care  of  feeble-minded,  99 ;  admis 
sion  of  feeble-minded,  to  Institu 
tion,  99,  100;  support  of  defec 
five,  102,  365;  parole  of,  from 
Industrial  School,  105 ;  penalty  for 
aiding  escape  of,  from  Industrial 
School,  105;  age  of,  in  Industrial 
School,  105;  welfare  of,  155;  pen- 
alty for  contributing  to  dependency 
of,"  155,  156;  disposal  of  dependent 
and  neglected,  157:  care  of  aban- 
doned, 157;  inheritance  by  aban- 
doned, 157;  abandonment  of,  157; 
interference  with  control  and  pos- 
session of,  158 ;  definition  of  de- 
pendent and  neglected,  158,  220; 
support  of,  of  inmate  of  Soldiers' 
Home,  162,  163;  receiving  homes 
for,  165;  eligibility  of,  to  Soldiers' 
Orphans'  Home,  i65;  support  of, 
in  Soldiers'  Orphans'  Home,  165; 
care  of  friendless,  167,  168;  exclu- 
sion of  diseased,  deformed,  or 
vicious,  from  State,  168;  trial  of, 
in  juvenile  court,  219,  220;  defini- 
tion of  delinquent.  220,  221;  com- 
mitment of,  to  jail,  222 ;  firemen's 
pensions  for,  236;  policemen's  pen- 
sions for,  238 ;  benefit  to,  of 
mothers'  pension,  238  ;  influence  of 
home  upon,  239 ;  reference  to  em- 
ployment of,  241 ;  prohibition  of 
operation  of  dangerous  machinery 
by,  249,  279 ;  record  of  employ- 
ment of,  in  mines,  261;  regulation 
of  labor  of,  278-280;  protection  of, 
from  injury,  278,  279;  cleaning  of 
machinery  by,  279 ;  age  of  employ- 
ment of,  279 ;  places  of  employ- 
ment of,  279 ;  hours  of  labor  of, 
279;  lists  of,  posted  bv  employers, 
280;  proof  of  age  of,  280,  367; 
compulsory  education  of,  280,  282  ; 
record  of  disposal  of,  by  maternity 
hospitals,  296;  prohibition  of,  from 
operating  motor  vehicle,  326;  pro- 
tection of,  from  poison,  329 ;  pro- 
hibition of,  from  carrying  firearms, 
332 ;  penalty  for  arousing  sexual 
passion  in,  335;  prohibition  of  use 
of  tobacco  by  school,  341;  inher- 
itance of  foster.  345.  361;  penalty 
for  desertion  of,  346;  liability  of. 
for  poor  relief,  356;  legislation 
concerning,    399 

Chimneys,    regulation    of    construction 
of,  130 

Chloral    hvdrate,    sale    of,    132,    327, 
328;  labeling  of,  808 


Chloroform,    sale    of,    132,    327,    328; 
labeling   of,    308 

Cholera,    15.    21;    quarantine   of,   288; 
fumigation   after,   288 

Chrome        yellow,        adulteration        of 
candy    with,    302 

Church    preference,     right    of    minors 
to  make,    153 

Churches,    123,    155,    316 

Cider,    legality    of    manufacture     and 
sale    of,    66 

Cider    vinegar,    standard    of,    303 

Cigarettes,   regulation   of  manufacture 
and  sale  of.    142,    341,    342 

Cinnamon  extract,  standard  of,  303 

Circuses,   license   of,    64 

Cisterns,   penalty   for   pollution   of,    86 

Cities,  general  incorporation  law  for, 
55 ;  power  of,  to  maintain  infirm- 
ary, 55 ;  power  of,  to  distribute 
outdoor  relief,  55 ;  power  of,  to 
provide  house  of  refuge,  58 ;  power 
of,  to  maintain  workhouse,  58 ; 
power.  of,  to  maintain  jails, 
58 ;  power  of,  to  abate  nuisances, 
61,  311,  312,  360;  regulation  of 
public  health  by,  61,  284,  287, 
295,  296,  309;  regulation  of  pub- 
lic safety  by,  61,  62,  86,  313,  316, 
318,  319;  regulation  of  public 
morals  by,  63,  64,  65,  66,  137, 
142,  143,  342,  343 ;  township  ov- 
erseer of  the  poor  in,  69 ;  power 
of,  to  tax  taverns,  87 ;  police  ma- 
trons in,  102 :  power  of,  to  in- 
spect steam  boilers,  110;  boards 
of  health  in.  122,  129;  powers  of, 
over  sanitation,  128,  129;  power  of, 
to  regulate  construction  of  build- 
ings, 130,  131;  fire  limits  in,  130, 
131;  board  of  public  works  in, 
130,  131:  protection  of  crossings 
in,  131;  liquor  mulct  tax  in,  139- 
141 :  permit  to  manufacture  liquor 
in,  141 ;  levy  of  tax  by,  for  benev- 
olent institutions,  154;  appoint- 
ment of  police  matrons  in,  201 ; 
pensions  by,  233 ;  firemen's  pen- 
sions in,  234-236;  power  of,  to 
regulate  employment  bureaus,  243, 
244;  school  attendance  in,  282; 
truant  officers  in,  282 ;  establish- 
ment of  playgrounds  in,  283 ;  tax 
in,  for  quarantine  experimentB, 
284:  compensation  of  registrars  of 
vital  statistics  in,  294;  tax  levy 
by,  309 ;  bond  issue  by,  309 ;  reg- 
ulation of  plumbing  by,  309,  310 
inspection  of  sewers  by,  309 ;  in 
spection  of  water  mains  by,  309 
inspection  of  gas  pipes  by,  309 
board  of  police  and  fire  commis 
sioners  in.  320 ;  speed  of  motor 
vehicles  in.  324,  326;  power  of. 
to    locate    bill-boards,     343 ;    power 


INDEX 


409 


of,  to  tax  for  bill-boardg,  343;  duty 
(if,  to  repair  bridges,  ;t(i();  payment 
of  fire  department  by,  3(i9 ;  power 
of,  to  supervise  laying  of  pipes  and 
wires,  369;  power  of,  to  clean  side- 
walks, 369  (see  also  Commission- 
governed  cities  and  Special  charter 
cities) 

City    attorney,    duties    of,    234,    237 

City  clerk,  report  of  firemen's  pen- 
sion funds  to,  234 ;  reports  of  po- 
licemen's pension  to,  237;  display 
of  arbitration  board's  decision  in 
oflico  of,  247 

Citv  commissioners,  funds  appropriat- 
ed   by,    283 

City  councils,  power  of,  to  appoint 
boards  of  health,  60;  power  of,  to 
fix  duties  of  boards  of  health,  60, 
61  ;  funds  appropriated  by,  for 
playgrounds,  283;  election  of  fire 
chief  by,  319 

City  hospitals,  establishment  of,  295; 
tax  for,  295 ;  bonds  for,  295 ;  city 
funds  for,  295 ;  indebtedness  for, 
295,   296;    control  of,   296 

City    treasurer,    duties    of,    234,    237 

Civil  engineer,   120,   317 

Civil  Law,  extent  of,  in  United  States, 
352 

Civil  service  commission,  powers  of, 
320 

Civil  War,  result  of  fatalities  of,  69 ; 
relief  and  burial  of  sailors  and 
soldiers  of,    163 

Claim,  priority  of,  to  custody  of  de- 
fectives,   77 

Clairvoyants,    regulation    of,    342 

Clarinda,    insane    hospital    at,    101 

Clark.  Dan  E.,  acknowledgment  to,  xi 

Cleaning   works,    location   of,    313 

Clergymen,  access  of,  to  State  insti- 
tutions,   152 

Clerk  of  court,  power  of,  to  issue 
marriage  certificat»>,  34;  report  of 
criminal  statistics  by,  40;  place  of, 
as  commissioner  of  insanity,  73  ; 
record  of  births,  deaths,  and  mar- 
riages by,  125  ;  report  of  vital  sta- 
tistics by,  125;  certificate  from,  to 
ship  liquor,  139;  jxiwer  of,  to  adopt 
out  abandoned  children,  157;  duty 
of,  in  case  of  escape  of  insane, 
185;  approval  of,  of  reports  of  in- 
ebriates, 186;  report  of  inebriates 
to,  189;  duties  of,  193;  reports  of 
criminal  statistics  by,  200,  217. 
357;  duties  of,  in  juvenile  cases, 
221;  births  reported  to,  294;  cop- 
ies of  death  certificates  filed  with, 
294 ;  report  of  deaths  to.  295 ; 
record  of  marriages  and  divorces 
by.  294 ;  report  of.  to  State  Regis- 
trar, 294,  345;  duties  of,  as  jail 
inspector,    357 


Clerks,   reduction   of  bonds  of,   204 

Clinton,    police   matrons   in,    379 

Closets,  construction  of,  in  caboose 
cars,  265;  requirement  of,  at  rail- 
road stations,  311;  inspection  of, 
311;  penalty  for  failure  to  supply, 
311 

Clothing,  supply  of,  in  jails,  41;  sup- 
ply of,  to  blind  pupils,  71  ;  pay- 
ment for,  by  blind  pupils,  71  ; 
charges  for,  in  School  for  Deaf,  72, 
172,  173;  provision  of,  for  dis- 
charged insane  patient,  75;  fur- 
nishing of,  to  convicts,  79,  218; 
furnishing  of,  by  Institution  of 
Feeble-minded  Children,  100;  char- 
acter   of,    for    convicts,    213 

Clove   extract,    standard   of,    303 

Club-room,  sale  or  use  of  liquor  in, 
141 

Coal   dust,    nature  of,    259 

Coal  mining,   wages  for,    109 

Cobalt,    sale    of,    327,    328 

Coca,   sale  of,    329 

Cocaine,  penalty  for  passing  in  of, 
to  penitentiary,  216,  217;  sale  of, 
328,    329 

Cock  fighting,  penalty  for  conducting, 
89 

Code  of  1851,  social  legislation  in, 
36-54 

Code  of  1873,  social  legislation  in, 
68-90 

Code  of  1897,  social  legislation  in, 
affecting  particular  classes,  91- 
109;  social  legislation  in,  affecting 
society   in   general,    120-143 

Co-employment,    doctrine    of,    269 

Colchicum,    sale    of.     132 

Cold  storage,  definition  of,  305  ;  label- 
ing of  food  in,  306;  purity  of  food 
in,  306;  period  of,  306";  re-stor- 
age in,  306;  sale  of  goods  from, 
306;  penalty  for  violation  of  laws 
on,    306 

Cold  storage  plants,  licensing  of,  305; 
sanitation  in,  305.  306;  inspection 
of,  306;  records  in,  306;  reports 
of,    306 

College  buildings,  fire  escapes  on, 
314 

College  for  the  Blind,  establishm.>nt 
of,  70;  management  of.  70;  func- 
tion of.  70.  71;  admission  to,  70, 
71  ;  tuition  in,  70,  71  ;  support  of, 
71;  reports  of  principal  of,  71;  in- 
dustrial home  at,  71;  reduction  in 
number  of  trustees  at,  98;  tuition 
at,  98;  appropriations  for,  98,  374; 
control  of,  l)y  Board  of  Control. 
148;  transfer  of,  to  control  of 
Board  of  Education,  148;  char- 
acter of,  169;  compulsory  educa- 
tion in,  169;  salary  of  superinten- 
dent of,   170;  support  of,   170,   171; 


410 


INDEX 


reports  of,  171;  sale  of  liquor  with- 
in five  miles  of,    340,   341 

Colleges,  fire  escapes  on,  316;  doors 
in,    316 

Colony  for  Epileptics,  establishment 
of,  149,  195,  196;  reference  to, 
153  ;  admission  to,  195  ;  purpose  of, 
195,  196;  supervision  of,  196; 
site   for,    196;    funds  for,    196 

Colorado,  reformatory  in,  379 ;  in- 
determinate sentence  and  parole  in, 
380,  381 ;  mothers'  pensions  in, 
385;    prohibition    in,    398 

Combination    Laws,    353 

Combinations,    labeling    of,    302 

Combustible  material,  restriction  of, 
in    mines,    258 

Combustibles,  transportation  and 
storage  of,  61 ;  presence  of,  in 
mines,  113;  regulation  of  storage 
of,    130 

Commandant,  selection  of,  for  Sol- 
diers' Home,  93,  160;  qualifica- 
tions of,  94;  salary  of,  94,  372; 
powers  of,    94,    159,    160,    162,    163 

Commercialism,    abuses    of,    13 

Commission  of  Pharmacy,  power  of, 
139 

Commission-governed  cities,  civil  ser- 
vice commission  in,  320 ;  adminis- 
tration of  police  and  fire  depart- 
ments in,  320;  infirmary  in,  359; 
outdoor  relief  by,  359  (see  also 
Cities) 

Commissioner  of  Labor,  appointment 
of,  106,  107;  salary  of,  107;  em- 
ployment of  deputy  by,  107;  na- 
ture of  duties  of,  107 ;  contents  of 
reports    of,     107 ;    powers    of,     108, 

240,  242,  243,  246,  250,  277,  278, 
280,  316,  387;  factory  inspectors 
for,     240,     241  ;     field    covered    by, 

241,  242;  reports  to,  242;  juris- 
diction of,  over  child  labor,  242, 
jurisdiction  of,  over  fire  escapes, 
242 ;  jurisdiction  of,  over  safety 
precautions,  242 ;  investigation  of 
employment  bureaus  by,  244 ;  re- 
port of  investigation  of  labor  dis- 
putes to,  247 ;  factory  inspection 
by,  248  ;  enforcement  of  safety  pre- 
cautions bv,  249;  term  of,  366;  re- 
port of,   366 

Commissioner  of  Public  Health,  ap- 
pointment of,  286;  jurisdiction  of, 
286;    term   of,    286 

Commissioners  of  insanity,  determina- 
tion of  insanity  by,  73,  74 ;  care  of 
discharged  insane  by,  76;  notifica- 
tion of,  of  escape  of  insane  patient, 
76;  care  of  escaped  insane  patient 
by,  76;  appeal  from  findings  of,  101, 
179;  consent  of,  to  removal  of  in- 
sane patients,  177;  care  of  insane 
by,    178;    approval  of  private   insti- 


tutions by,  178;  duties  of,  in  com- 
mitments to  State  hospitals,  179- 
182;  duty  of,  in  case  of  escaped 
insane,  185 ;  powers  of,  in  Marion 
County,  190;  reference  to,  365;  du- 
ties of,   376 

Common  carriers,  transportation  ot 
liquor  by,  65,  66,  139;  punish- 
ment of,    for  using  inferior  oil,    133 

Common  Law,  importance  of,  6,  7 ; 
codification  of,  28,  352 ;  indemnity 
for  work  accidents  under,  83,  84, 
268-272.  273;  reference  to,  118; 
abolition    of   marriage    by,    399 

Communism,    experiments    in,     19 

Commutation  of  sentences,  power  of 
Governor  over,  45,  60 ;  testimony 
in    cases   of,    360 

Competition,  place  of,  10;  result  of, 
14,    15 ;    policy    of,    in    industry,    25 

Compound  lard,  definition  of,  127; 
penalty   for   failure   to   label,    127 

Compounds,    labeling    of,    302 

Compulsory  education,  laws  relative 
to,    280-282 

Concealed  weapons,  legislation  rela- 
tive to,   87,    331,   332 

Concerts,  giving  of,  in  penitentiaries, 
214 

Condensed    milk,    labeling    of,    127 

Conditional  pardons,  authorization  of, 
45 

Confectioneries,  sanitation  in,  306, 
307 

Conferences,  power  of  Board  of  Con- 
trol  to   hold,    151 

Conium,    sale    of,    132 

Connecticut,  asexualization  in,  378; 
reformatory  in,  379;  indeterminate 
sentence  in,  380,  381;  reference  to, 
382 ;  workmen's  compensation  in, 
390 

Conservation,  policy  of,  16;  effect  of, 
23 

Conspiracy,    31 

Constitution  of  1846,  provisions  of, 
relative   to   pardons,    45 

Constitutions,  change  in  contents  of, 
22 ;  effect  of  strict  interpretation 
of,   25 

Contagion,   spread  of,   85,   86 

Contagious  diseases,  penalty  for  ex- 
posure to,  122,  123 ;  prevention  of 
spread  of,  123,  287-290;  preven- 
tion of,  among  Indians,  285  ;  classi- 
fication of  syphilis  and  gonorrhea 
as,    288 

Contempt  of   court,    156,   221,   335 
Contingent    fund,    amount   of,    149 
Contracts,    illegality    of.    65,    84.    138, 
270.     271.     274;     competitive    basis 
of.  for  supplies  in  institutions,   150; 
precautions     against     prejudice     of 
officers    in,    151 
Contributory     dependency,     law    rela- 


INDEX 


411 


tive  to,  155-158;  eflfeet  of,  on  juv- 
enile  court,    224 

Contributory  negligence,  development 
of  theory  of,  83  ;  definition  of,  269  ; 
modifications  in  rule  of,  271;  use 
of  defense  of,  273 ;  abolition  of 
dtfense    of,    273 

Convict  labor,  34;  supervision  of,  in 
penitentiary,  59;  lease  of,  60,  212, 
365 ;  employment  of,  in  erection  of 
penitentiary,  79 ;  wages  for,  79, 
213;  prohibition  of,  at  Anamosa, 
104;  use  of,  in  quarries  at  Ana- 
mosa, 104-210,  211;  legislation 
against  contract  system  of,  207; 
contract  for,  at  Anamosa,  211; 
character  of,  in  Reformatory,  212; 
use  of,  in  domestic  service,  212 ; 
employment  of,  on  highways,  212, 
213;  supervision  of  by  State  High- 
way Commission,  213  ;  contract  for, 
by  county  supervisors,  213;  effect 
of,  outside  of  prison  on  meaning 
of  prison,  215,  216;  contracts  for, 
at  Fort  Madison,   381 

Convicts,  employment  of,  30,  34,  211, 
212,  213  ;  penalty  for  comforting, 
43;  treatment  of,  43,  44,  79,  213- 
215;  resistance  of  officer  by,  44; 
insurrection  of,  44;  killing  of,  44; 
escape  of,  44,  45;  dimunition  of 
sentence  of,  59,  60,  103,  104;  dis- 
charge of,  60,  79 ;  restoration  of, 
to  citizenship,  104;  classification 
of,  205,  206,  380;  place  of  incar- 
ceration of,  205,  206;  transfer  of, 
from  penitentiary  to  reformatory, 
206;  transfer  of,  from  reforma- 
tory to  penitentiary,  206;  impris- 
onment of  female,  at  reformatory, 
206;  custodial  farm  for,  206,  207; 
moral  cure  of,  209 ;  return  of,  to 
society,  209;  parole  of,  209,  217, 
218;  probation  of,  209,  210;  cloth- 
ing of,  213  ;  return  of,  to  peniten- 
tiary, 213;  earnings  of,  213,  381; 
pardon  of,  218,  219;  support  of, 
362 

Cooperation,    extension    of,    23 

Corn,   labeling  of  canned,   303 

Corn  laws,  effect  of,  on  wages,  13: 
definition    of,    353 ;    repeal    of,    353 

Coroners,   inquests  by,   76,    112 

Correctional  institutions,  beginnings 
of,  16;  first,  in  Iowa,  30;  com- 
mitment of  juvenile  delinquents  to, 
222,    223 

Corrosive-sublimate,  sale  of,  132,  327, 
328 

Cotton  root,  sale  of,  132,  327,  328, 
329 

Council    (see    City    council) 

Council  Bluffs.  Institution  for  the 
Deaf  and  Dumb  at,   71 ;  police  ma- 


trons in,  379;  superior  court  in, 
383 

Counterfeiting,    31 

Counties,  recovery  of  expense  of  poor 
relief  by,  37,  91,  92;  liability  of, 
for  support  of  poor,  38;  payment 
of  jail  expenses  by,  42;  care  of 
insane  by,  56,  74,  101,  175178; 
soldiers'  orphans'  homes  in,  69,  70; 
expenses  of  clothing  for  deaf  col- 
lected by,  72 ;  support  of  insane  in 
hospitals  by,  74,  75,  179-183;  ap- 
pointment of  mine  inspectors  by, 
83 ;  benevolent  gifts  to,  92 ;  burial 
of  soldiers  by,  95  ;  erection  of  head- 
stones by,  95 ;  support  of  inmates 
of  Orphans'  Homes  by,  96,  97, 
165,  166;  support  of  feeble-minded 
by,  100;  care  of  cases  of  danger- 
ous diseases  by,  123 ;  levy  of  tax 
by,  154,  284,  296,  297,  364;  sup- 
port of  inmates  of  Soldiers'  Home 
by,  161  ;  support  of  inmates  of 
Hospital  for  Inebriates  by,  188;  ex- 
pense of  trial  of  insane  inebriates 
borne  by,  190 ;  power  of,  to  main- 
tain juvenile  detention  home,  224 ; 
probation  ofiicers  in,  224,  225; 
payment  of  workmen's  compensa- 
tion by,  272;  payment  of  quaran- 
tine expenses  by,  284 ;  support  of 
patients  in  Sanatorium  by,  292 ; 
care  of  tubercular  persons  by,  292, 
293 ;  maintenance  of  hospitals  by, 
296,  297;  bonds  of,  for  hospital, 
297;  liability  of,  for  damages,  323, 
324 

County  attornev,  duties  of,  156,  179, 
228,  242,  298,  299,  335,  340; 
recommendation  of,  for  probation, 
218;  power  of,  to  investigate  liquor 
violations,    340 

County  auditor,  petition  of  consent 
filed  with,  140:  duties  of,  181,  337; 
reports  of  criminal  statistics  bv, 
200,  357;  list  of  Federal  liquor  li- 
censes in  office  of,  340 ;  power  of, 
to   license   shows,    360 

County  board  of  supervisors  (see 
Supervisors) 

County  commissioners,  duties  of,  in 
poor   relief,    33,    356 

County    court,    powers   of,    38,    39,    40 

County  government,  system  of,  in 
Codi>  of  1851.  40;  effect  of  change 
in   form   of,   55 

County  home,  vote  of  people  for  erec- 
tion of,  92 :  public  insane  patients 
in,  101  :  name  of,  154  (see  also 
Poorhouse) 

County  hospitals,  tuberculosis  depart- 
ment in,  292  :  regulations  of,  296, 
297;  tax  for,  296,  297;  bonds  for, 
297 ;    control   of,    297 ;    purposes   of. 


412 


INDEX 


297 ;  activities  of,  297 ;  rates  of, 
297 ;  paupers  in,  297 ;  admissiou 
to,    297 

County  insane  fund,  levy  of  tax  for, 
102",    175;    use   of,    102 

County  judge,  powers  of,  36,  39 ; 
abolition  of  office  of,  55 ;  power  of, 
to  license  circuses  and  shows,  64; 
consent  of,    for   adoption,    67 

County  orphans'  homes,  tax  for,  70, 
97 ;    abandonment    of,    95 

County  poor  fund,  quarantine  ex- 
penses paid  from,   285 

County  superintendent,  report  of 
deaf  and  dumb  by,  71,  99;  powers 
of,    282 

County  treasurer,  note  to,  by  poor 
prisoners,  42;  funds  from,  for  out- 
door relief,  69 ;  receipt  of  mulct 
tax  by,    141 

Couplers   (see  Automatic  couplers) 

Court,  powers  of,  in  divorce,  32,  89 ; 
powers  of,  in  poor  relief,  37;  pow- 
ers of,  over  vagrants,  46 ;  power 
of,  to  change  names,  54 ;  power  of, 
to  remove  adopted  children,  67; 
commitment  of  children  by,  to  Re- 
form School,  81  ;  appointment  of 
trustees  by,  92 ;  appeal  to,  from 
findings  of  commissioners  of  in 
sanity,  101,  179;  termination  01 
guardianship  of  defectives  by,  102 
powers  of,  in  contributory  depend 
ency  cases,  155,  156,  157;  appea 
to,  from  surrender  of  child,  167 
jurisdiction  of,  in  disputes  over  re 
moval  of  insane,  178;  disputed 
settlement  taken  to,  181  ;  reports 
of  probation  convicts  to,  210; 
powers  of,  in  arbitration  boards, 
247;  appeal  to,  from  ruling  of 
Mine  Inspector,  254,  255 ;  action 
in,  to  compel  use  of  safety  devices, 
262;  claims  for  indemnity  in,  268; 
appeal  to,  from  decision  of  arbi- 
tration committee,  275;  abatement 
of  smoke  nuisance  by,  312  ;  per- 
mission by,  for  divorced  persons 
to  marry,  346  (see  also  Juvenile 
courts    and    Superior    courts) 

Court  houses,   doors  in,   316 

Cousins,  incest  of  first,  334;  prohi- 
bition  of  marriage   of  first,    346 

Crawford    County,    poorhouse    in,    364 

Cream,  penalty  for  sale  of,  below 
standard,  126;  labeling  of,  126: 
definition  of,  127 ;  prohibition  of 
use  of  impure  or  adulteration  of, 
301;  standard  of,  305;  testing  of, 
305 

Cream  tests,  penalty  for  misreading, 
301 

Creameries,     sanitation    in,     306,     307 

Creosote,    sale   of,    132 

Crime,   dual  classification   of,   29 ;   pre- 


vention   of,    by    asexualization,    197- 

199 
Crimes,   definition  of,   in  statutes,   28, 

352 
Criminal  statistics,   first  suggestion  of, 

40 ;   report  of,   40,   357 ;   regulations 

concerning,    200 
Criminals,     facilities     for     confinement 

of,    29 ;    method    of    punishment    of, 

33,  34;  treatment  of,  59,  60;  cap- 
ital punishment  of,  77;  asexualiza- 
tion of  habitual,  197-199;  uncon- 
stitutionality of  asexualization  of, 
199;  legislation  concerning,  200- 
219;  sentence  for  habitual,  207, 
208;  definition  of  habitual,  207, 
208;  duty  of  government  to  re- 
form,   208 

Criminology,   reform  in,   in  Iowa,   208 
Cripples,     care     of,     in     State     institu- 
tions,  21;    character  of  institutions 
for,    68 
Crossings,    maintenance    of    signs    at, 
by  railroads,   62;   planking  of,   131; 
whistling  at,   131;   protection  of,  by 
gates,    131;   trains  stopping  at,   367 
Croton    oil,    sale   of,    132,    327,    328 
Cruel    punishment,    agitation    against, 

19 
Cruelty,    relation    of,    to    divorce,    32, 

34,  35 ;  penalty  for,  to  prisoners, 
78 

Cruelty  to  animals,  cause  for  pun- 
ishment of,  7 ;  laws  against,  in 
England,  14;  penalty  for,  53,  54, 
66,  89 ;  legislation  relative  to,  343, 
344 

Culverts,  duty  of  cities  and  towns  to 
repair,    360 

Cupola,  construction  of,  on  caboose 
cars,    265 

Cuspidors,    307 

Custodial  department,  maintenance  of, 
100;  establishment  of,  194;  parole 
from,    194 

Custodial  farm,  establishment  of,  149, 
206,  207;  tax  for,  153,  206,  307; 
employment  of  convicts  on,  207 ; 
purchase  of  site  for,  207 ;  char- 
acter  of,    in    New   York,    380 

Cyanide  of  potassium,  sale  of,  132, 
327,    328 

Dairies,    sanitation    in,    306,    307 

Dairy  and  Food  Commissioner,  title 
of,  300;  salary  of,  300;  expenses 
of,  300;  appointment  of  Dairy  In- 
spector by,  300;  appointment  of  as- 
sistants by,  300;  duties  of,  300; 
control  of  cold  storage  plants  by, 
305,  306:  control  of  food  produc- 
ing establishments  by,    306,    307 

Dairy  Commissioner,  appointment  of, 
125;  duties  of,  125;  salary  of,  125; 
reports  to,  125,  297;  employment 
of    clerk    by,    125 ;    position    of,    on 


INDEX 


413 


Bound  of  Agriculture,  298 ;  salary 
of  deputy  of,  298 ;  appointment  of 
assistant  bv,  298 ;  change  in  title 
of,    298 

Dairy  Inspector,  appointment  of,  300; 
Biliary    of,    300 

Dairy  products,  regulations  concern- 
inp,    125  ;    reports  of  sellers  of,   297 

Dunce  halls,  power  of  cities  to  regu- 
late,   342 

Dancinff,    penalty   for,    on    Sunday,    63 

Davenport,    police    matrons    in,    379 

Dead   uniniuls,    disposal   of,    90,    310 

Deaf,    institutions   for,    361 

Deaf  and  dumb,  care  of,  21,  40;  ap- 
propriation for,  40;  establishment 
of  asylums  for,  at  Iowa  City,  56 ; 
character  of  institutions  for,  68; 
Institution  for,  71,  72;  education 
of,  71,  72;  eliffibility  of,  to  Insti- 
tution, 71,  173,  174;  non-resident, 
71,  174;  report  of,  by  county  sup- 
erintendents, 71,  72,  174;  expens- 
es of,  in  Institution,  72;  legisla- 
tion concerniiii;,  since  1897,  172- 
174;  enumeration  of,  173;  tuition 
in    asylum    for,    359 

Death,  "punishment  bv,  29,  41,  48, 
49.    77,    102 

Death  certificates,  preservation  of, 
294 

Deaths,  registration  of,  120,  124, 
125,    293,    294,    295,    296 

Debt,    imprisonment    for,    34 

Debtor,  exemption  of  wages  of,   46,  47 

Debts,    validity   of   gambling,    32 

Defectives,  relation  of,  to  social  leg- 
islation, 7 ;  beginning  of  construc- 
tive work  among,  15;  care  of,  16, 
147,  148;  presence  of,  in  pioneer 
Iowa,  27 ;  definition  of,  28 ;  pro- 
visions for,  in  Old  Blue  Book,  28, 
29;  relation  of,  to  dependents,  28; 
laws  affecting,  in  Code  of  1851,  40; 
laws  concerning,  in  Revision  of 
1860,  55-58;  advance  in  legisla- 
tion concerning,  55,  56;  segrega- 
tion of  classes  of,  68;  legislation 
concerning,  in  Code  of  1873,  70- 
77 ;  legislation  concerning,  in  Code 
of  1897,  97-102;  publication  of  in- 
formation concerning,  151  ;  legis- 
lation concerning,  since  1897,  169- 
199;   asexualization  of,    196-199 

Deformed  person,  penalty  for  exhib- 
iting,   333 

Deformity,  prevention  of,  by  asexual- 
ization",   198,    199 

Delaware,  no  State  prison  in,  17; 
reference    to,    382 

Delinquency,  control  of,  by  local 
areas,    16 

Delinquents,  relation  of,  to  social  leg- 
islation, 7;  provisions  for.  in  Old 
Blue    Book,    29,    30;    definition    of, 


29;  relation  of,  to  dependents,  29; 
laws  concerning,  33,  34;  laws  af- 
fecting, in  Code  of  1851,  40-46; 
laws  concerning,  in  KeviMion  of 
1860,  58-60;  legislation  concern- 
ing, in  Code  of  1873,  77-82;  legis- 
lation concerning,  in  Code  of  1897, 
102-106;  care  of,  in  institutions, 
147,  148;  publication  of  informa- 
tion concerning,  151  ;  legislation 
concerning,  since  1897,  200-231; 
classification    of,    359 

Democracy,  development  of  new,  18; 
destruction  of,  25;  extension  of, 
25 

Denatured  alcohol,  sale  of,  308,  309, 
327,  328 

Dentists,  licensing  of,  122;  sale  of 
drugs   to,    329;    control   of,    367 

Department  for  the  insane,  manage- 
ment of,  203  ;  continuance  of,  in 
reformatory,    206 

Department  of  Agriculture,  creation 
of,     297,    298 

Dependent  relatives,  workmen's  com- 
pensation   for,    274 

Dependents,  relation  of,  to  social 
legislation,  7 ;  beginning  of  con- 
structive work  among,  15;  care  of, 
16,  28,  33,  147,  148;  definition  of, 
28;  provisions  for,  in  Old  Blue 
Book,  28 ;  relation  of,  to  delin- 
quents, 29;  laws  affecting,  in  Code 
of  1851,  36-39;  segregation  of 
classes  of,  68 ;  legislation  concern- 
ing, in  Code  of  1873,  68-70;  leg- 
islation concerning,  in  Code  of 
1897,  91-97;  publication  of  infor- 
mation concerning,  151;  legislation 
concerning,  since  1897,  154-168; 
eligibility  oi,  to  Soldiers'  Home, 
161;    pensions   for.    232 

Deputy  Commissioner  of  Labor,  sal- 
ary" of.  240,  298,  366;  inspection 
by,    280 

Deputy  Dairy  Commissioner,  appoint- 
ment of,  298 :  duties  of,  298 ;  ex- 
penses  of,    298 

Deputy  Dairy  and  Food  Commis- 
sioner,   salary    of,    300 

Deputy  Fire  Marshal,  appointment  of, 
321  ;    salary   of,    321.    323 

Deputy  hotel  inspectors,  appointment 
of.   "317;    salary   of,    317 

Deputy  petroleum  inspectors,  appoint- 
ment  of,    329 

Deputy  warden,  43 ;  duties  of,  59, 
60;  privilege  of,  204;  salary  of, 
359,    365 

Des  Moines,  custodial  farm  near,  207  ; 
reference  to.  294,  309,  395;  board 
of  police  and  fire  commissioners  in. 
319,    320:    police    matrons    in.    379 

Desertion,  relation  of.  to  divorce.  32, 
34,    67;    definition   of.    346;    penalty 


414 


INDEX 


for,  346;  bond  in  case  of,  346; 
testimony    in    cases   of,    346 

Detention  home  (see  Juvenile  deten- 
tion  home) 

Detention  liospitals,  expenses  of,  288 
(see    also    Pest-houses) 

Determinate  sentence,  employment 
of,    for   children,    58 

Diet,  character  of,  in  jails?  42 

Digitalis,    sale   of,    132,    327,    328 

Directors,  powers  of,  over  peniten- 
tiary,   30 

Dionin,    sale   of,   327,    328 

Diphtheria,  penalty  for  conveying  per- 
son ill  with,  123 ;  quarantine  of, 
288;    fumigation    after,    288 

Direct  action,  belief  in,  by  Industrial 
Workers   of  the   World,    25 

Directors  of  poorhouse,  duties  of,  36, 
37,    38;    appointment    of,    39 

Disabled  persons,  care  of,  by  coun- 
ty  supervisors,    106 

Disease,  study  of,  by  boards  of 
health,  21;  protection  against,  by 
appointment  of  boards  of  health, 
60,  61 ;  prevention  of,  among  live 
stock,  120,  123;  control  of  local 
boards  of  health  over,  121 ;  pen- 
alty for  exposure  to  contagious  or 
infectious,  122,  123  ;  removal  of 
cases  of  dangerous,  123 ;  care  by 
county  in  case  of  dangerous,  123; 
appropriation  to  check,  among  live 
stock,  124 ;  prevention  of,  by  asex- 
ualization,    197-199 

Disinfection,  requirement  of,  in  tub- 
erculosis   cases,    288 

Disinterment,    penalty    for,    31 

Dismemberments,  workmen's  compen- 
sation   for,     274 

Disorderly    assemblages,    63,    64 

Disorderly  hoiises,  nuisance  of,  47, 
48 ;  injunction  of.  48 ;  abatement 
of,    48 ;    suppression   of,    64 

Disorderly    persons,    vagrancy    of,    45 

Disputes,  settlement  of,  over  accident 
indemnity,  274  (see  also  Labor  dis- 
putes) 

Distilled   vinegar,    standard   of,    303 

Distilleries,  prohibition  of,  from  re- 
tailing   liquor,    339 

Distracted  person,  classification  of,  29 

Disturbance.  31;  penalty  for  incit- 
ing, 50,  63 ;  prevention  of,  63,  64, 
87 

Ditches,   nuisances  of,   311 

Divorce,  prohibition  of  granting  of. 
bv  legislature,  19 ;  regulation  of, 
32;  grounds  for,  32,  34,  35,  54, 
67;  jurisdiction  of  courts  in.  89; 
effect  of,  on  disposal  of  abandoned 
children,  157;  record  of,  294,  345; 
report  of,  294,  345 ;  marriage  of 
parties  to,  346;  establishment  of 
civil,    399 


Dix,  Dorothea,  work  of,  for  insane 
and    epileptics,    20 

Dog  fighting,  penalty  for  conducting, 
89 

Domestic  affairs,  importance  of,  in 
Old    Blue    Book,    27 

Domestic  relations,  relation  of,  to  so- 
cial legislation,  8 ;  laws  governing, 
32,  34,  35;  laws  governing,  in 
Code  of  1851,  54;  laws  governing, 
in  Revision  of  1860,  67;  legisla- 
tion governing,  in  Code  of  1873, 
89,  90 ;  legislation  governing,  since 
1897,  345-347.;  antiquity  of  legis- 
lation on,  345;  legislation  on,  in 
Iowa,  345;  definition  of,  356;  his- 
tory of  regulation   of,   399 

Domestic  remedies,  sale  of,   132 

Domestic   system,    effect   of,    16 

Donations,    license    to    solicit,    155 

Doors,  construction  of,  131,  315,  316; 
regulations  of,  directing  air  cur- 
rents,   276;    screens   on,    307 

Dram,   sale   of  liquor  by,    53 

Dram   shops,   nuisance   of,    53 

Drainage,  regulation  of,  by  cities.  129, 
131 ;  provision  for,  in  slaughter 
houses,  307;  requirements  of,  in 
hotels  and  lodging-houses,   310,   311 

Drains,  classification  of,  as  nuisanc- 
es,   129,    311 

Dressing  rooms,  maintenance  of,  in 
factories,    310 

Drill  holes,  examination  of,  259 ;  rec- 
ord of,   259 

Driver  brake,  requirement  of,  on  en- 
gines,   117 

Drug  companies,  sale  of  liquor  by, 
339,    340 

Drugs,  penaltv  for  adulteration  of, 
47,  128,  308;  labeling  of.  128;  re- 
sponsibility for  purity  of,  128  ;  pen- 
alty for  furnishing,  to  inebriates, 
189 ;  definition  of  misbranding  of, 
308;  record  of  sale  of,  329;  pro- 
hibition of  deposit  of,  on  lawns  or 
porches,   329 

Drums,  brake  on,  in  mines,  114,  254; 
control  of  by  engineer  in  mines, 
256 ;    construction   of.    256,    259 

Drunkards,  vagrancy  of,  45 ;  guard- 
ians for,  77 ;  powers  of  guardians 
of.  102;  mortgage  of  property  of, 
102;  support  of  dependents  of,  by 
their  property,  102;  termination  of 
guardianship  of,  102  ;  exclusion  of, 
from  saloons,  140;  penalty  for  sale 
of   liquor   to,    337,    338 

Drunkenness,  relation  of,  to  divorce, 
34 

Dubuque,    police    matrons   in,    379 

Dubuque   County.    383 

Due  process,  denial  of,  by  asexualiza- 
tion   of    criminals,    199 

Duelling,   31;  penalty  for,   49 


INDEX 


415 


Dues,  collection  of,  for  firemen's  pen- 
sions, 234 ;  collection  of,  for  police- 
men's   pensions,    237 

Dump  grounds,  purchase  of  real  es- 
tate   for,    309 

Dust,   elimination  of,   in  factories,  278 

Dye   works,   location   of,    313 

Dynamite  caps,  penalty  for  sale  of, 
331 

Earnings,   228,   273 

Economic     system,     character     of,     in 

ninet-eenth    century,    10 
Education,     governmental     control     of, 
15;    control   of,    by   local   areas,    16; 
first   State   control   of,    16,    17;    pro- 
vision    for,     of    defectives,     56,     70, 
71,    72,    99,    169,    170,    173;    facili- 
ties    for,     of    dependents,     92,     96; 
tax    for,     of    orphans    97;     require- 
ment    of,     for     friendless     children, 
167;    facilities   for,    in    Reformatory 
for    Females,    215;    provisions    for, 
of    placed    out    children,    228     (see 
also     Compulsory    education) 
Effluvia,  exclusion  of,  from  hotels,  311 
Eldora,    Reform    School    at,    80 
Electric  Railway  Employees,  labor  dis- 
pute of,  387 
Electric     wiring,      regulation     of,      in 

cities,    131 
Electrical    Workers   Union,    labor   dis- 
pute  of,    387 
Elevators,   employment  of  children  on, 
279;   fire  escape  signs   at,   316,   317 
Elmira   reformatory   system,    investiga- 
tion   of,    208 
Embalmers,   control  of,   367 
Embalmers'    Department,    392 
Emery  belts,  use  of,  in  factories,  278 
Emery    wheels,    use    of,    in    factories, 

278 
Emmet  County,  poorhouse  in,  364 
Employees,  coercion  of,  in  mines,  116; 
right  of,  to  reject  workmen's  com- 
pensation, 272,  273;  loss  of  de- 
fenses by,  273  ;  cleanliness  of,  in 
food  producing  establishments,  307 
Employers,  aid  to,  under  first  poor 
law  in  England,  12;  duties  of,  83, 
108.  268,  269;  penalty  for  failure 
of,  to  report  labor  statistics,  108; 
notification  of,  of  defective  ma- 
chinery, 270.  271  ;  use  of  employ- 
ers' liability  defenses  by,  273  ;  liabil- 
ity of,  for  in.iurv  from  defective 
machinery,  270,  271;  right  of,  to 
reject  workmen's  compensation, 
272  ;  burden  of  proof  by,  272  ;  neg- 
ligence of,  272;  contracting  of  li- 
ability of,  273  ;  requirement  of,  to 
secure  accident  liability,  275; 
proof  of  age  of  children  employed 
by,    280 


Employers'  liability,  indemnity  by,  83, 
84,  268-272 ;  relation  of,  to  law  of 
torts,  83 ;  mudificutions  in  law  of, 
83,  84,  118,  119;  prevalence  of, 
118;  nature  of,  268,  269,  270; 
use  of  defenses  of,  273 ;  abolition 
of   defenses  of,   273 

Employers'  Liability  and  Workmen's 
Compensation  Act,  enactment  of, 
272;    provisions    of,    272-275 

Employment,  securing  of,  for  paroled 
convicts,  204,  218;  legislation  reg- 
ulating,  in  prisons,   210-213 

Employment  bureaus,  regulation  of, 
243,    244 

Enclosures,    establishment    of,    12 

Engine  rooms,  location  of,  in  mines, 
258  ;   construction  of,  in  mines,  258 

Engineers,  employment  of  competent, 
in  mines,  116;  licensing  of,  on 
boats,  118;  vacancies  in  office  of, 
260;  prohibition  of  persons  talk- 
ing to,  in  mines,  261 ;  classifica- 
tion of,  269  (see  also  Hoisting  en- 
gineers) 

Engines,  regulation  of,  on  highways, 
131;    reference  to,    363 

England,  social  legislation  in,  11-15; 
abandonment  of  laissez  faire  doc- 
trine  in,    24 

Entertainments,  giving  of,  in  peniten- 
tiaries, 214;  penalty  for  immoral, 
333 

Enticing,    49,    50,    51,    136,    157,    158 

Entries,    size  of,   257,   258 

Epileptics,  care  of,  20,  21,  195,  196, 
378;  character  of  institutions  for, 
68;  legislation  concerning,  195, 
196;  asexualization  of,  197-199; 
right  of,  to  be  asexualized,  199 ; 
marriage  of,  346 

Epilepsy,  nature  of,  195 ;  treatment 
of,  195;  study  of,  195,  196;  pre- 
vention of,  by  asexualization,  197- 
199 

Ergot,   sale  of,    132,   327,   328,   329 

Escape,  punishment  of  prisoners  for, 
30,  42,  44,  45,  216;  penalties  for 
aiding  in,  44,  45,  78,  82,  105; 
penalty  for  permitting  of  prison- 
ers, 59,  78 ;  punishment  for  at- 
tempt to,  by  prisoner  at  labor,  78 ; 
regulations  pertaining  to.  184,  185, 
192,  193,  215-217;  penalty  for, 
from  Hospital  for  Inebriates,  188, 
189;  nature  of,  from  jail,  201; 
definition  of,  215.  216;  prevention 
of,    from   Industrial   Schools,   229 

Escape  shafts,  regulations  relative  to, 
113,  114,  253,  254,  255,  261 

Escape  ways,  construction  of,  in 
mines,     253-255 

Estates,  liability  of,  for  support  of 
defectives,    75,    184,    186 


416 


INDEX 


Ether   sulphuric,    sale   of,    327,    328 

Ethical  obligation,  existence  of, 
among  classes,   23 

Eugenics,  aspect  of,  196,  197;  con- 
trol of,  by  public  opinion,  196, 
197 ;    reference   to,    399 

Evidence,  nature  of,  used  by  arbitra- 
tion   boards,    247 

Examiners  of  Mine  Inspectors, 
Board  of,  110;  duties  of.  111,  251; 
changes  regarding,  250,  251;  juris- 
diction of,  251;  salary  of,  251; 
qualifications  of,  251 ;  powers  of, 
251;  removal  of  Mine  Inspectors 
by,  252;  examinations  by,  260: 
reference  to,  261  ;  revocation  of 
certificates  by,   261 

Executive  Council,  control  of,  over  in- 
stitutions, 103,  104,  148;  approval 
of  improvements  by,  153 ;  approval 
of  second  factory  inspector  by,  240, 
241 ;  place  of,  on  Board  of  Health, 
286 ;  duties  of,  286 ;  approval  of 
destruction  of  live  stock  by,  289 ; 
supervision  over  Food  and  Dairy 
Commissioner  by,  299 ;  powers  of 
removal  by,  300;  control  by,  over 
appointments  by  Fire  Marshal,  321; 
classification   of   convicts   by,    380 

Execution,  employment  of,  to  enforce 
poor  relief,  37;  exemption  of  wages 
from,  46,  47,  60;  exemption  of  pen- 
sions  from.    232,    236,    238 

Exhibitions,   penalty   for  immoral,   333 

Exits,  regulation  of,  in  mines,  83,  113 

Explosives,  inspection  of  storage  of, 
130;  penalty  for  passing  in  of,  to 
penitentiary,  216,  217;  storage  of, 
in  mines.  259,  260;  use  of,  in 
mines,    259,    260 

Factories,  seats  in,  for  women,  110; 
life  and  health  in,  241;  inspection 
of,  241.  299:  safety  precautions  in, 
248-250:  fire  escapes  in,  249,  250, 
315;  water  closets  in,  277,  278, 
310;  washing  facilities  in,  277,  278. 
310:  dressing  rooms  in,  278,  310: 
drinking  water  in,  278:  emery 
wheels  in,  278;  dust  in,  278;  gases 
in,  278;  ventilation  in,  278;  em- 
ployment  of   children    in,    279 

Factory  Acts,  effect  of.  on  government 
interference,   14;   enactment  of,   353 

Factory  inspection,  effect  of,  241  ;  be- 
ginning  of,    243 ;   growth   of,   248 

Factorv  inspectors,  appointment  of. 
240,  241,  248;  salary  of,  240,  241; 
qualifications  of.  241  ;  purpose  of 
woman,  241,  242 ;  inspection  bv, 
280 

Factory  regulation,  first  acts  of,  in 
England,   14;   reference  to,   110 

Factory   system,    beginning   of,    12,    13 

Fairs,      sale      of     liquor      near,      88 ; 


gambling  devices  at,  88 ;  horse  rac- 
ing at,  88,  89,  363;  nuisances  at, 
88,     89 

False    imprisonment,    reference   to,    31 

Family,  levy  on  property  for  support 
of,  156;  maintenance  of,  of  insane, 
175;    support    of,    of    convicts,    213 

Famil.v  history,  knowledge  of,  in 
asexualization,     198 

Fan  house,   location  of,   at  mines,    114 

Fans,    use   of,   in   mines,    113 

Farm  hands,  exclusion  of,  from  work- 
men's   compensation,    272 

Farm  tools,  prison  manufacture  of, 
381 

Faro  layout,   destruction  of,   343 

Fast  driving,  prohibition  of,  62  ;  pen- 
alty   for,     86 

Father,  support  of  illegitimate  child 
by,  35,  36;  support  of  poor  by,  36; 
abandonment  bv,  37,  49;  admission 
of,  to  Soldiers'  Home,  160,  161; 
firemen's  pension  for,  236;  police- 
men's pension  for,   238 

Fee,  amount  of,  for  boat  inspection, 
118;  amount  of,  for  licensing  of 
pilots  and  engineers,  118;  collec- 
tion of,  for  firemen's  pensions,  234; 
collection  of,  for  policemen's  pen- 
sion, 237;  amount  of,  of  employ- 
ment bureaus,  244 ;  division  of,  by 
employment  bureau,  244;  collection 
of,  for  examination  of  mine  em- 
ployes,   260 

Feebleminded,  care  of,  21,  99,  174, 
175;  character  of  institutions  for, 
68 ;  number  of,  99 ;  needs  of,  99 ; 
first  institution  for,  99;  legislation 
concerning,  174,  175;  segregation 
of,  174;  development  of,  174;  asex- 
ualization of,   197-199 

Feeble-minded  children,  development 
of,  99;  care  of,  99;  training  of,  99; 
admission  of,  to  Institution,  99, 
100;  return  of,  from  Institution, 
100 

Feeble-mindedness,  character  of,  174; 
source  of,  174;  control  of,  174; 
prevention  of,  by  asexualization, 
197-199 

Fellow  servant  rule,  development  of, 
83;  change  in,  84,  270;  definition 
of,  269;  abrogation  of,  271,  273; 
use  of  defense  of,  273 

Felony,  punishment  for,  29 ;  relation 
of,  to  divorce,  34;  definition  of,  41; 
suspension  of  sentence  in  case  of 
first,  210;  forfeiture  of  firemen's 
pensions  for,  236;  forfeiture  of 
policemen's  pensions  for,   238 

Fertilizers,  regulation  of  manufacture 
of,    by   cities,    129 

Feticide,   penalty   for,    63 

Fighting,  31;  penalty  for,  50,  63; 
breach  of  Sabbath  by,   360 


INDEX 


417 


Filth,  nuisance  of,  47  ;  removal  of,  84, 
85,    l:il,   307 

Fines,  use  of,  in  pioneer  Iowa,  29 ; 
punishment  by,  41;  non-payment 
of,  43,  58,  78,  357 ;  remission  of, 
45,  60,  360;  effect  of,   138 

Fire  alarms,  penalty  ifor  false,  63, 
323,   369 

Fire  apparatus,  injury  or  removal  of, 
62,   322 

Fire  arms,  penalty  for  carrying,  63 ; 
penalty  for  passin;?  in  of,  to  pen- 
itentiary, 216,  217:  prohibition  of 
children   to   carry,    332 

Fire  bulletin,  preparation  of,  by  Fire 
Marshal,   322 

Fire  chief,  duties  of,  234,  250;  power 
of,  to  determine  number  of  fire 
escapes,  314,  315;  enforcement  of 
fire  escape  law  by,  315,  316;  ap- 
pointments by,  319;  election  of, 
319;  removal  power  of,  319;  ap- 
pointment of,  320;  removal  of,  320; 
investigation  of  fires  by,  321  ;  re- 
ports of  fires  by,  321 ;  compensa- 
tion of,  321,  323;  expenses  of,  321, 
323 ;  punishment  of,  for  failure  to 
investigate  fires,  322,  323 

Fire  commissioners,  laws  relative  to, 
319,  320 

Fire  companies,  organization  of,  61, 
62;  control  of,  61,  62;  mainte- 
nance of,  62;  privileges  of  members 
of,    62 

Fire-crackers,  penalty  for  sale  of.  331 

Fire  departments,  reference  to,  130; 
tax  for,  318,  319,  369;  adminis- 
tration of,  319,  320;  payment  of, 
369 ;  penalty  for  disturbing  ap- 
paratus of,   369 

Fire  engines,  exemption  of,  from 
motor  vehicle  law,  327 

Fire  escape  ropes,  requirement  of,  in 
hotels,   317 

Fire  escape  signs,  location  of,  316; 
maintenance  of.  316,  317 

Fire  escapes,  regulation  of,  130,  131, 
249,  250,  314,  315,  316;  reference 
to,  242,  248 ;  enforcement  of  law 
for,    243,    315;    neglect   of,    387 

Fire  extinguishers,  maintenance  of, 
in  mines,  258;  number  of,  in 
hotels,  317 

Fire  inspectors,  appointment  of,  321; 
salary   of,    321 

Fire   limits,    establishment    of,    130 

Fire  Marshal,  duties  of,  250,  321, 
322;  qualifications  of,  321;  term 
of,  321  ;  salary  of,  321  ;  powers  of, 
321,  322;  appropriation  for.  321, 
323  ;  record  of  fires  in  office  of,  322 

Firemen.  pensions  for,  233-236; 
classification  of,  234 ;  retirement 
of,  235;  duties  of  retired,  236;  re- 
examination of  injured,  236;  exam- 


ination of,  319;  appointment  of, 
319;  removal  of,  319,  320;  qual- 
ifications of,  319;  reduction  of 
force  of,  320;  regulations  affecting, 
in    commission-governed    cities,    320 

Firemen's  pension,  law  relative  to, 
234,  235,  236,  237,  238 

Fireplaces,  regulation  of  construction 
of,   130 

Fire-proof  buildings,  fire  escapes  on, 
316 

Fires,  case  of,  in  jails,  42 ;  protection 
against,  61,  62,  114,  115,  129-131, 
151,  215,  313-323;  investigation 
of,  321,  322;  danger  of,  from  in- 
flammable buildings,  322 ;  record 
of,  322 ;  instruction  in  danger  and 
causes  of,   322 

Fireworks,   regulation  of,   130 

Fishing,  breach  of  Sabbath  by,  34, 
63,    360 

Five  Mile  Bill,  provisions  of,  340,  341 

Fixtures,  confiscation  of,  of  houses  of 
ill  fame,  335,  336 

Flavoring    extract,    standards    of,    303 

Floods,    protection    against,    368,    369 

Florida,  custodial  farm  in,  206;  ref- 
erence to,   382 

Flues,  regulation  of  construction  of, 
130 

P''ly  paper,  sale  of.   328 

Flynn  farm,  purchase  of,  for  cus- 
todial  farm,    207 

Food,  character  of,  in  jails,  41;  adul- 
teration of,  47,  126,  301,  302;  pen- 
alty for  poisoning  of,  48 ;  mixing 
of,  126;  coloring  of,  126;  staining 
of,  126;  powdering  of,  126;  label- 
ing of,  127,  128.  306;  power  of 
cities  to  destroy  unsound.  128,  129; 
display  of,  on  street,  307;  free 
supply   of,    for   school    children,    399 

Food  and  Dairy  Commissioner,  title 
of,  298,  300;' duties  of,  298,  299; 
salary  of.  298 :  powers  of.  298, 
299;  appointment  of  milk  inspect- 
ors by,  298 ;  appointment  of  chem- 
ist by.  298 ;  legal  proceedings  of, 
298,  299;  supervision  over,  299 ; 
appropriation  for,  299;  inspection 
by,  299 :  penalty  for  interference 
with,    299:    removal   of.    299,    300 

Food  producing  establishments,  san- 
itation  in,    306,    307 

Food-stuffs,    inspection    of,    299 

Footboards,  requirement  of,  on  switch 
engines,    264 

Forgery.    3 1 

Formaldahyde.   adulteration  with,   302 

Fornication,    31 

Fort    Dodge   Telephone   Company,    387 

Fort   Madison,   penitentiary  at.    30 

Fortune  tellers,  vagrancy  of,  45 ; 
power   to   regulate,    342 

Foster    parents    (see    Parents) 


418 


INDEX 


Freedom  of  contract,   influence   of,   24 
Friendless  children,  care  of,  167,  168; 
guardianship     of,     167;     surrender 
of,    167 
Frost    glasses,     equipment    of    locomo- 
tives with,   265,  266 
Fumes,   elimination   of,    278 
Fumigation,    requirement    of,    288 
Fungicides,  sale  of,  328 

Gamblers,  vagrancy  of,  46 

Gambling,  penalty  for,  53,  66;  sup- 
pression of,  66 ;  prohibition  of,  in 
saloons,  140,  143 ;  definition  of, 
358 

Gambling  debts,  validity  of,  32,  34, 
53 

Gambling  devices,  prohibition  of,  32, 
88 ;    destruction    of,    53,    66 

Gamesters,   vagrancy  of,   45 

Gamine  houses,  prohibition  of,  31,  32, 
53  ;  penalty  for  keeping,  53  ;  search 
of,  53 ;  nuisance  of,  53 ;  suppres- 
sion of,  343  ;  punishment  of  keep- 
ers and  frequenters  of,  343 

Garbage,    disposal  of,    310 

Garbage  disposal  plants,  purchase  of 
real    estate    for,    309;    tax    for,    309 

Garnishment,  exemption  of  wages 
from,   244 

Gas,   elimination  of,   278,   311 

Gas  pipes,  inspection  of,  309 

Gasoline,  inspection  of,  132-134;  use 
of,  in  mines,  258,  276;  use  of,  in 
pantoriums,  313;  labeling  of,  331; 
containers    for,    331 

Gasoline  apparatus,  approval  of,  by 
Board  of  Health,   330 

Gasoline  engines,  location  of,  in 
mines,    258,    276 

Gasoline  lamps,  use  of,  330;  ap- 
proval   of,    330;    testing   of,    302 

Gate,  maintenance  of,  in  mines,  114, 
115 

General  Assembly,  report  of  criminal 
statistics  to,  40;  election  of  warden 
by,  58 :  advice  of,  in  granting  par- 
dons, 80;  power  of,  to  fix  salaries, 
149:  reports  of  Board  of  Control 
to,  149;  approval  of  improvements 
by,  153;  effect  of  change  in  time  of 
sessions   of.    171 

General  welfare,  importance  of.  in 
recent  legislation,  22 ;  idea  of,  in 
ascendency,  26 

Georgia,   17:  prohibition  in,   398 

Germany,  influence  of  nationalism 
upon,  22 :  governmental  interfer- 
ence   by,    24 

Gifts,  for  benevolpnt  institutions.  92, 
154:  for  firemen's  pensions,  234; 
for    policemen's    ppnsions.    237 

Ginger   extract,   standard  of,    303 

Girls,    penalty    for    enticing    away    of. 


51;  confinement  of,  in  Reformatory 
for   Females,    207 

Glanders,    86 

Glass,  penaltv  for  leaving,  in  high- 
way,   396 

Glenwood,  location  of  Institution  for 
Feeble-minded  Children  at,  99 ; 
police   matrons   in,    379 

Glucose,  labeling  of,  126;  glucose  vin- 
egar,   standard   of,    303 

Gonorrhea,  classification  of,  288;  re- 
port of  cases  of,  288 ;  penalty  for 
failure  to  report,  288,  289;  penalty 
for   transmission   of,    289 

Good  behavior,  reward  for,  43,  59, 
60,   103,   104,   194 

Government,  purposes  of,  3,  10,  14; 
functions  of,  10,  17,  18,  351;  lim- 
itation of,  10,  11;  powers  of,  10; 
solicitude  of,  for  upper  classes,  11, 
12 ;  early  conception  of,  in  Amer- 
ica, 16;  utility  of,  26;  positive 
sphere  of,  26;  concern  of,  for  de- 
pendents, 28 ;  ministration  of  char- 
ity by,  68  ;  duty  of,  to  reform  crim- 
inals, 208 ;  elevation  of,  to  a  sci- 
ence,   351 

Governmental  regulation,  demand  for 
freedom  from,  16;  extension  of,  22, 
23  ;   tendency  toward,   25 

Governor,  pardoning  power  of,  29, 
45,  60,  79,  80,  210.  217;  appoint- 
ments by,  42,  72,  93,  107,  110, 
117,  118.  125,  132,  133,  148,  203, 
246,  247,  274,  299,  321;  powers 
of,  59,  74,  75,  104.  247,  360;  re- 
moval bv,  59,  111.  252:  reports  to, 
59,  71,  72,  73,  112,  120,  124,  125, 
149,  199,  200,  247,  263,  266,  321, 
357.  362;  supervision  of  peniten- 
tiaries by,  58,  103,  148;  duties  of, 
59 ;  consent  of,  to  destroy  live 
stock,  124:  parole  of  ineliriates  by, 
186;  position  of,  on  board  of  ap- 
pointment,   285 :    reference   to,    289 

Grab    rails    on    switch-engines,    264 

Grandchildren,   support  of  poor  by,  36 

Grandfather,   support   of  poor  by,   36 

Grandparents,  liabilitv  of,  for  poor  re- 
lief,   68,    69 

Grape  sugar,   labeling  of,   126 

Grinnell,   superior  court  in,    383 

Grocprifs.  license  of,  31;  sanitation 
in,    306,    307 

Guardian,  powers  of,  32,  40,  57,  58, 
88,  102,  190.  191;  appointment  of, 
33,  57,  58,  77,  90,  156;  duties  of, 
57,  58.  67.  355;  consent  of,  for 
adoption  of  soldiers'  orphnns,  70, 
96:  priority  of  claim  of,  77;  com- 
mitment of  children  to  Reform 
School  by.  81  ;  consent  of,  to  in- 
denture inmates  of  Reform  School, 
81,    82;    consent    of,    for    minor    to 


INDEX 


419 


buy  tobacco,  141,  142;  approval  of 
minor's  church  preference  by,  153; 
payment  of  i)t'nsion  money  to,  163  ; 
application  by,  for  commitment  of 
inebriate,   187 

Guards,  number  of,  in  penitentiaries, 
59,  79,  U03  ;  duties  of,  203 ;  classi- 
fication of,  204 ;  vacation  of,  204, 
205;    salary   of,    359,    365 

Guide  boards,  maintenance  of,  48 

Gunpowder,  storage  of,  on  boats,  31; 
manufacture  of,  47 

Gypsum  mines,  inspection  of,  252; 
report  of  accidents  in,  252;  escapes 
in,  255;  speaking  tubes  in,  256; 
safety  devices  in,  256,  257;  ventila- 
tion  in,   276 

Habeas  corpus,   right   of  insane  to,   76 

Halls,  location  of,  in  hotels,  317;  fire 
escape  signs  in,   317 

Hanging,    punishment    by,    29 

Hasheesh  joints,  classification  of,  as 
nuisances,   129 

Haulage  ways,  signals  on,  256;  ref- 
uge places  on,  257;  sprinkling  of, 
259 

Haynes,  Fred  E.,  acknowledgment  to, 
xi 

Head  lights,  requirement  of,  on 
switch-engines,  264;  requirement 
of,    on    boats,    267 

Health,  disregard  for,  in  factories, 
13;  preservation  of,  among  miners, 
111,  115;  reference  to,  242;  pres- 
ervation of,  in  factories,  248  (see 
also    Public   health) 

Health  districts,  division  of  State  in- 
to,  285 

Health  officers,  appointmrnt  of,  121; 
infected  persons  accompanied  by, 
287;  control  of  post  house  by,  287, 
288;   duties  of,   293,   294 

Health  regulations,  publication  of, 
121  ;  penalty  for  violating,   122 

Hearings,    system   of,    320 

Heating  apparatus,  regulation  of  con- 
struction of,   130 

Henbane,   sale  of,    132 

Heredity,    results   of    study    of,    196 

Heroin,    labeling    of.    308" 

Highway  Commission  (see  State 
Highway    Commission) 

Highways,  regulation  of  traffic  on,  48, 
62;  width  of.  48;  condition  of,  48; 
freedom  of,  from  nuisance.  61  :  re- 
pair of,  62:  materials  for.  104. 
211;  employment  of  convicts  on. 
212,  213,  216;  regulation  of  steam 
engines  on.  323,  324;  passing  of 
motor  vehicles  on.  326 ;  penalty  for 
leaving   glass   in.    396 

Hoisting  apparatus,  maintenance  of. 
in   mines.    113 


Hoisting  engineers,  examination  of, 
251,  260;  revocation  of  certificates 
of,   260,   261 

Hoisting  shafts,  use  of,  as  escape 
shafts,   114 

Home-finding  associations,  aban- 
doned children  placed  with.  157; 
regulation  of,  167,  168;  bond  from, 
in  other   States,    168 

Homes,  influence  of,  in  rearing  chil- 
dren, 239 ;  establishment  of  artifi- 
cial, 399 

Homes  for  fallen  women,  legislation 
relative   to,    227,    230 

Homes  for  the  friendless,  legislation 
relative  to,  167,  168,  176,  222. 
223;  number  of,  373;  activities  of, 
373;   cost   of  inspection  of,    373 

Homesteads,  exemption  of,  from  taxa- 
tion, 95,  164;  reference  to,   138 

Homicide,    31 

Honor  system,  control  of  convicts  by, 
212 

Hop  roots,   363 

Horse  racing,  penalty  for,  63,  334; 
prohibition  of,  at  fairs,  88,  89; 
legality  of,   363 

Horse  traders,   vagrancy   of,   231 

Horses,  penalty  for  cruelty  to,  53,  54; 
diseased,  85 ;  destruction  of  dis- 
eased, 86 ;  penaltv  for  docking 
tails   of.    343 

Hospital  for  Female  Inebriates,  estab- 
lishment  of.    148,    149,    377 

Plospital  for  Inebriates,  establishment 
of,  148,  187;  tax  for,  153;  refer- 
ence to,  156.  172;  law  relative  to, 
187.  188;  rules  in,  188,  189;  labor 
by  inmates  of,  188:  escape  of  in- 
mates of,  188.  189.  192,  193;  crim- 
inal prosecution  of  inmates  of,  189; 
liquor,  narcotics,  and  drugs  in, 
189;  parole  of  patients  from,  189, 
190,  193,  194;  cases  of  insanity  in, 
190;  commitments  to,  191:  restric- 
tion of  admissions  to,  191  ;  dis- 
charge of  patients  from.  191 ;  char- 
acter of  patients  in.  191  :  support 
of,  191,  192:  appropriation  for  im- 
provements in.  192:  transportation 
of  patients  from,  192,  193;  ex- 
penses of,  for  capture  of  escaped 
patients,  192,  193 :  powers  of  of- 
ficers of,  193;  riots  at.  193;  cus- 
todial department  at,  194 ;  wages 
of  inmates  of.  194,  195:  rew.nrd  for 
good  behavior  in,  194;  labor  in, 
194;    appropriation   for,    378 

Hospitals,  operation  of,  by  State,  21, 
22;  tax  for  support  of,  154;  regu- 
lation of,  295-297 ;  fire  escapes  on, 
314,  315,  316  (see  also  City  hos- 
pitals. County  hospitals,  Insane  hos- 
pitals,   etc.) 


420 


INDEX 


Hotels,  reference  to  inspection  of, 
242;  closets  in,  277,  278;  sanita- 
tion in,  289,  306,  307,  310,  311; 
fire  escapes  on,  314,  315;  doors  in, 
316;  fire  protection  in,  317;  in- 
spection of,  317,  318,  392;  fees 
for  inspection  of,  318;  display  of 
certificates   of   inspection    in,    318 

Hours  of  labor,  laws  restricting,  in 
England,  14;  reference  to,  241; 
regulation  of,  for  train  men,  262, 
263 ;  regulation  of,  for  children, 
279 

House  of  Refuge,  establishment  of,  in 
New  York,   58  ;   reference  to,   219 

House-breaking,  imprisonment  for, 
205,    206 

Houses  of  ill  fame,  laws  relative  to, 
31,  52,  64,  136,  137,  167,  311, 
335,  336 

Houses  of  public  entertainment,  regu- 
lation  of,    64,    66,    87 

Housing,  municipal  control  of,  15; 
problem  of,   27 

Howard,  George  Elliott,  356 

Hunting,   penalty   for,    on   Sunday,    63 

Husband,  abandonment  by,  37;  testi- 
mony of,  against  wife,  54,  346 ; 
priority  of  claim  of,  to  custody  of 
defectives,    77 

Husking  sheds,  hours  of  child  labor 
in,   279 

Hydrochloric  acid,  sale  of,  327,  328 

Hydrocyanic  acid,  sale  of,  132,  327, 
328 

Hygiene,    literature   on,    392 

Hyoseine,  sale  of,  327,  328 

Ice,  presence  of,  in  escape  shafts,  254 

Ice  cream,   definition  of,   304 

Ice     cream     factories,     inspection     of, 

300;    licensing   of,    300 
Ida   County,  poorhouse  in,   364 
Idaho,   21  ;   mothers'   pension  in,   385 
Idiocy,   ground  of,   for  marriage   nulli- 
fication,  89  ;  prevention  of,  by  asex- 
ualization,    197-199;     definition    of, 
359 
Idiotic  children,  care  of,   100 
Idiots,    care   of,   20,    21,    57,    102;    ad- 
mission   of,    to    insane    hospital,    56 ; 
guardian     for,     57,     58,     77,     102; 
asexualization   of,    197-199;    penalty 
for  exhibition   of,   333 
111  fame   (see  Houses  of  ill  fame) 
Illegitimate   children,   utility  of,   under 
factory   system,    13 ;    support   of,    by 
father,    35,    36:    settlement    of,    38'; 
legitimacy    of,    54 ;    effect    upon,    of 
marriage   nullification,    89,    90 
Illinois,    juvenile    court    in,    219 ;    pen- 
sions    in,     233  ;     asexualization     in, 
378;   reformatory   in,   379;   indeter- 


minate sentence  in,  380,  381; 
mothers'  pensions  in,  385 ;  work- 
men's   compensation    in,    390 

Illuminating  oil,  penalty  for  mixing 
naphtha  with,  87  ;  standard  of,  330, 
331 

Illumination,  regulations  of,  in  mines, 
115,    116,    276,    277 

Imbecility,   prevention   of,    197-199 

Imitations,   labeling  of,   302 

Immoral  articles,  penalties  for  sale  of, 
134,    135 

Immoral  character,  bar  of,  from  police 
or  fire  service,   319 

Immoral  decorations,  prohibition  of, 
in  saloons,   135,   140 

Immoral  entertainments,  regulation 
of,    333,    334 

Immoral   houses,    31 

Immoral  literature,  penalty  for,  50, 
51,  64,  134,  135;  post  cards 
classed    as,    334 

Impotency,  relation  of,  to  divorce.  32, 
34;  ground  of,  for  marriage  nulli- 
fication.  89 

Imprisonment,  punishment  hv,  29,  33, 
34,  41,   46,   58,   77,   87,   167,   357 

Improvements,  cost  of,  at  State  insti- 
tutions,   150 

Incest,  34;  penalty  for,  64,  205,  334; 
definition   of,    334 

Incorporation  law,  effect  of,  55 

Indecent   exposure,    penalty   for,    51 

Indecent  language,  penalty  for  using, 
334 

Indemnity,  payment  of,  for  work  ac- 
cidents,  268-275 

Indenture,  cancellation  of,  81,  82 ; 
regulations  concerning,  82,  105, 
166,    222 

Independence,  hospital  for  insane  at, 
72 

Indeterminate  sentences,  20;  estab- 
lishment of,  203,  208 :  investigation 
of,  208;  benefit  of,  208;  justifica- 
tion of.  208 ;  ob.ieet  of,  209 ;  effect 
of,  209;  law  providing  for,  209, 
210;  extent  of,  in  United  States, 
300,    381 

Indiana,  asexualization  in,  197,  378; 
reformatory  in,  379 ;  indeterminate 
sentence  iii,   380,   381 

Indians,  sale  of  liquor  to,  31,  53,  87, 
88  ;  evidence  by,  against  white  per- 
sons, 35 ;  prevention  of  disease 
among,    285 

Individual,  legislation  in  interest  of, 
3,    6;   relation   of,  to  society,   4,  23 

Individual  rights,  interference  with, 
15;  protection  of,  22;  subordina- 
tion   of.    22 

Individualism,  vogue  of,  9 ;  definition 
of,  9,   10;   influence  of,   10,   11:   ef- 


INDEX 


421 


feet  of  humanitarian  motives  on, 
14;  prevalence  of,  17,  18;  idea  of, 
in   administration,   22 

Industrial  accidents  (see  Work  acci- 
d((nts) 

Industrial  Commissioner,  report  of 
mine  accidents  to,  252 ;  report  of 
work  accidents  to,  266;  appoint- 
ment of,  274;  term  of,  274:  salary 
of,   274;   powers  of,   274,   275 

Industrial  disputes  (see  Labor  dis- 
putes) 

Industrial  Home  for  the  Blind,  niain- 
trnance  of.  71,  97,  98;  purpose  of, 
97,  98;  admission  to,  98;  manage- 
ment of,  98 ;  control  of,  bv  Board 
of  Control,  148,  171,  172;  discon- 
tinuance of,  148,  172,  187;  devel- 
opment  of,   364 

Industrial  inventions,  effect  of,  12,  13 

Industrial  Revolution,  11;  effect  of, 
13-15 

Industrial  School,  legislation  relative 
to,  105,  207,  223,  225-231;  control 
of.  by  Board  of  Control,  148;  tax 
for,  153;  reference  to,  186;  pur- 
pose of.  226;  title  of.  365;  entic- 
ing children  from,  384  (see  also 
Keform    School) 

Industrial  training,  facilities  for,  212, 
215 

Industrial   Workers   of   the   World.    25 

Inebriates,  care  of,  21.  156.  185-195; 
character  of  institutions  for,  68; 
sale  of  liquor  to,  87,  88,  141; 
guardian  for,  156;  contributory  de- 
pendency of,  156;  legislation  con- 
cerning. 185195;  b.Tr  of,  from  po- 
lice or  fire  service.  319;  procuring 
liquor  for.  336:  hospital  for  female, 
377;  expense  of  parole  of,  378 

Inebriety,  167 

Infamous  crimes,  acts  constituting, 
31  ;    penalty   for.    31 

Infantile  paralysis,  quarantine  of, 
288 

Infants,   classification  of,   28 

Infected  persons,  care  of,  121;  re- 
moval of.  287  ;  quarantine  expenses 
of,  287;  expenses  of,  in  pest-houses, 
288 

Infectious  diseases,  penalty  for  ex- 
posure to,  122,  123;  prevention  of, 
287-290;  classification  of  syphilis 
and  gonorrhea   as,   288 

Infirmaries,  building  of,  begun  in 
England.  15;  maintenance  of,  by 
cities.    55,    359 

Information,  dissemination  of,  by 
Board   of   Health.    121 

Inheritance,  effect  upon,  of  adoption, 
67.  345.  361  :  rights  of  abandoned 
child   to,    157 


Inliuman  treatment,  penalty  for,  30 
Injunction,  writ  of,  116,  117;  action 
for,  335;  penalty  for  violation  of, 
335;  method  of  prosecuting,  337 
Inoculation,  utility  of,  287 
Inquest,  requirement  of,  362 
Insane,  provision  for  care  of,  20,  21, 
28,  29,  33,  57,  74,  362;  legal  status 
of,  29;  powers  of  guardians  of,  40, 
355;  jurisdiction  over,  40;  number 
of,  in  insane  hospitals,  56,  101; 
care  of,  in  hospitals.  56,  57,  75,  76, 
77,  101  ;  establishment  of  hospital 
for,  56 ;  proportion  of,  from  each 
county,  56.  57;  order  of  admission 
of,  to  hospitals.  57;  support  of  in 
hospital.  57,  75;  character  of  in- 
stitutions for,  68;  punishment  of 
mistreatment  of,  72;  admission  of, 
to  hospitals,  73,  74;  conveyance  of, 
to  hospitals,  74  ;  sudden  death  of, 
76;  right  of,  to  writ  of  habeas 
corpus,  76 ;  powers  of  Board  of 
Control  over  care  of,  152;  main- 
tenance of  families  of,  175.  365; 
improvement  in  care  of,  175;  legis- 
lation concerning,  since  1897,  175- 
185 ;  care  of,  in  local  institutions, 
175-178;  discharge  of,  from  State 
hospitals,  177;  settlement  of  dis- 
putes over  removal  of,  177,  178; 
voluntary  commitment  of,  179;  set- 
tlement of,  179-182,  376;  support 
of,  by  counties,  179-182;  commit- 
ment of  non-resident,  179,  182; 
questionable  commitment  of.  180; 
transfer  of,  181,  376;  rate  of  sup- 
port of,  in  State  hospitals,  182; 
liability  of  estates  of,  for  support, 
184;  escape  of,  from  State  hos- 
pitals. 184.  185;  asexualization  of, 
197-199;  department  for,  in  peni- 
tentiary, 203  :  department  for,  in 
reformatory,  206;  examination  of, 
in  county  hospitals.  297:  detention 
of,  in  county  hospitals.  297:  right 
of.  to  vote.  355;  responsibility  of, 
355;  punishment  of,  355:  death  of, 
in  hospital.  362;  right  of  creditors 
of,  36.5:  penalties  for  aiding  escape 
of,  377 
Insane  asylums,  establishment  of  first, 
20;  purpose  of,  20,  21;  conversion 
of,  into  hospitals,  101 
Insane    department,    establishment    of, 

at  Anamosa,   103  : 
Insane   fund,   levy  of  tax   for   county, 

102.  175;  use  of,  102 
Insane  Hospitals,  establishment  of, 
56;  purpose  of.  56:  discharge  from, 
56,  75.  76.  177;  admission 
to,  56.  57.  73.  74 :  supervision 
of,     57;     visitation     of,     57,     178; 


422 


INDEX 


laws  relative  to  management  of, 
72-75,  178;  number  of,  101;  at 
Cherokee  and  Clai'inda,  101 ;  sup- 
port of,  101  ;  qualification  of  super- 
intendents of,  101;  control  of,  by 
Board  of  Control,  148;  tax  for, 
153;  removal  of  insane  to,  176, 
177;  removal  of  insane  from,  177; 
districtins  of,  178;  names  of,  178, 
179;  development  of,  179;  propri- 
ety of  commitment  to,  179-181; 
support  of,  182-184;  escajje  from, 
184,  185;  department  for'  inebri- 
ates in,  185,  186;  care  of  inebri- 
ates in,  187  ;  commitment  of  inebri- 
ates to,  191;  classification  of  pa- 
tients in,  362 ;  districting  of  State 
for,  362 ;  salary  of  superintendent 
of,  365;  appropriations  for,  375, 
376;  improvements  at,  375,  376; 
penalties  for  aiding  escape  from, 
377 

Insanity,  determination  of,  28,  29, 
73;  definition  of,  29,  57,  359;  in- 
vestigation of,  in  hospital  patients, 
76;  case  of,  in  Soldiers'  Home,  93, 
94,  161  ;  ground  of,  for  marriage 
nullification,  89;  reference  to,  167; 
prevention  of,  by  asexualization, 
197-199 

Insecticides,   sale   of,   328 

Inspection,  in  poorhouses,  39  ;  in  pen- 
itentiaries, 42 ;  in  insane  hospitals, 
72,  73  ;  right  of,  by  Commissioner 
of  Labor,  108;  penalty  for  hinder- 
ing, 108;  confidential  nature  of, 
108 

Inspector  of  Hotels,  appointment  of, 
317;  powers  of,  317,  318:  salary 
of,  317;  duties  of,  317,  318;  re- 
ports of,  318;  penalty  for  hinder- 
ing,   318 

Inspector  of  Oils,  duties  of,  276,  277; 
office  of,  330;  salary  of,  330;  no- 
tices to,  330  (see  also  Petroleum 
inspectors) 

Inspectors,  appointment  of,  for  pen- 
itentiary,   42 ;    duties   of,    42 

Institutional   relief,    giving  of,   36 

Institution  for  Deaf  and  Dumb,  estab- 
lishment of,  71,  control  of,  71  ;  ad- 
mission to,  71  :  tuition  in,  71  ;  re- 
ports of,  to  Governor,  72 ;  support 
of,  72 ;  expense  of  pupils  in,  72 
(see  also   School   for  the  Deaf) 

Institution  for  Peeble-minded  Chil- 
dren, purpose  of,  99 ;  location  of, 
99;  management  of,  99;  admission 
to,  99,  100,  175:  clothing  and 
transportation  furnished  by,  100; 
support  of.  100,  174;  idiotic  chil- 
dren in.  100;  discharge  of  children 
from,  100;  control  of,  by  Board  of 
Control,  148;  reference  to,  153; 
propriety   of   commitments   to,    174; 


commitment  to,  364,  365;  appro- 
priations for,  375;  improvements 
at,   375 

Institutions,  State  solicitude  confined 
to,  7;  establishment  of,  17,  56,  68; 
character  of,  68 ;  centralized  con- 
trol of  charitable,  95  ;  care  of  insane 
by  private,  101;  increase  of,  for  in- 
sane, 101 ;  general  legislation  con- 
cerning, 147-153 ;  daily  record  of, 
149 

Insurance,  form  of.  for  pensions,  233  ; 
illegality  of,  274;  nature  of,  for 
employers   against   accidents,    275 

Insurance  companies,  power  of,  271, 
272 

Insurance  Department,  approval  by, 
of  employers'  insurance,  275 

Insurrection,  suppression  of,  in  pen- 
itentiary,  44 

Integration,  tendency  toward,  in  in- 
dustry, 25 

Internal  improvements,  mechanics* 
lien   on,   46 

Interurban  railroads,  use  of  caboose 
cars   on,    265 

Intoxicants,  regulations  affecting  sale 
of,  31  ;  exclusion  of,  from  mines, 
261 

Intoxicated  persons,  prohibition  of 
sale  of  liquor  to,  53 ;  penalty  for 
selling  or  giving  liquor  to,  87.  88, 
141,  337,  338;  exclusion  of,  from 
saloons,  140;  exclusion  of,  from 
mines,  261 ;  procuring  liquor  for, 
336;    care    of,    363 

Intoxicating  liquor    (see   Liquor) 

Intoxication,  penalty  for,  66.  141, 
162,  163;  release  from  punishment 
for,  66;  penalty  for  causing,  88; 
liability  of  persons  causing,  88;  re- 
ward of  soldier  for  refraining  from, 
163;   negligence  on  account   of,   273 

Inventory,  report  of,  at  institutions, 
150 

Investigating  committees,  duties  of, 
176 

Iowa  Button  Company,  contract  of, 
211 

Iowa  Citv.  asylums  at.  56 ;  effect  of 
Five    Mile    Bill    on.    341 

Iowa   Experiment    Station.    298 

Italy,  influence  of  nationalism  upon. 
22 

Itinerant    doctors,    control    of,    367 

Itinerant   druggists,   control   of,    367 

Itinerant  merchants,    control   of,    367 

Jail  inspector,   clerk  of  court  as,   357 

Jail  terms,  reduction  of,   63 

Jails,  importance  of,  16;  purpose  of, 
29,  41  ;  conditions  in,  30,  201  ; 
commitment  of  insane  to,  40,  74, 
101  ;  supervision  of,  41  ;  care  of, 
41;   sanitation   of,   41;   food  in,   41; 


INDEX 


423 


medical  nid  in,  41  :  clothing  and 
beddln?  in,  41  ;  administration  of, 
41;  inspection  of,  41,  42;  escape 
from,  41i,  201 ;  hard  labor  in,  42, 
201 ;  solitary  confinement  in,  42 ; 
fire  in,  42 ;  release  of  poor  from, 
42 ;  imprisonment  in  for  non-paid 
fine,  42,  58  ;  expenses  of.  42  ;  United 
States  prisoners  in,  42 ;  mainte- 
nance of,  by  cities,  58 ;  govern- 
ment of,  in  cities,  58 ;  police 
matrons  in,  102,  201;  segregation 
of  minors  in,  102,  103;  segregation 
of  females  in,  103 ;  commitment  of 
children  to,  222 

.Tailor,   duties  of,   30 

Judge,  powers  of,  38,  81.  97,  210; 
marriage  duties  of,  54 ;  appoint- 
ments by,  76;  application  to.  for 
admission  to  Soldiers'  Orphans' 
Home,  165;  application  to,  for 
commitment  of  inebriates,  187;  ap- 
proval by,  of  reports  of  paroled  in- 
ebriates, 193;  consent  of.  for  asex- 
ualization, 199;  recommendation  of, 
for  probation,  218;  assistance  of, 
by   probation   officers,    221 

Judgmenf-s,  exemption  of,  from  stay 
of  execution,  60 ;  cancellation  of, 
357 

.Tuke  family,   174;  character  of,  374 

.Tunk   dealers,   control   of,    3  67 

Jury,  duty  of,  102 ;  size  of,  in  supe- 
rior  courts,    224 

Jury  service,  excuse  of  members  of 
fire  companies  from,   62 

Jury  trial,  use  of,  in  relief  of  poor, 
37 

Justice  of  the  peace,  powers  of,  34, 
54,   97 

.Juvenile  courts,  155;  extension  of, 
219;  nature  of  procedure  in,  219, 
221,  222,  223;  establishment  of, 
219,  399;  powers  of.  219.  220;  ,iur- 
isdiction  of,  219.  220;  legislation 
concerning,  219-225;  exclusion  of 
public  from,  221  ;  reports  of  juve- 
nile delinquents  to,  223 ;  duties  of, 
224 ;  administration  of  mothers' 
pensions  by.  239;  efFe<-t  of.  on  pro- 
cedure, 363  ;  extent  of.  in  United 
States,    382,   383 

Juvenile  delinquents,  confinemrnt  of, 
58,  222,  223,  226.  227;  treatment 
of,  58.  219;  reformation  of.  80-82; 
legislation  concerning  since  1897, 
219-231;  dispo.sal  of,  222,  223; 
support  of,  bv  parents.  223  :  parole 
of.  223;  religious  belief  of,  223; 
detention  home  for,  224 ;  class  of, 
359 

Juvenile  detention  home,  children  in, 
157;  tax  for,  224;  maintenance  of, 
224 


Kansas,  asexualization  in,  378;  re- 
formatory in,  379;  indeterminate 
sentence  and  parole  in,  380,  381; 
workmen's  conipi  n.->ation  in,  390; 
prohibition  in,  398 
Keno  layout,  destruction  of,  343 
Kentucky,    State    institutifin    for    deaf 

in,    361  ;    reformatory    in,    379 
Keokuk,   superior   court    in,    383 
Kermes  mineral,   sale  of,   327.   328 
Kerosene,    adulteration    of,    132;    con- 
tainers  of,    331 
Kidnapping,   31;  penalty  for,  49 
Klondyke   tables,    destruction   of,    343 
Knoxville,     Industrial     Home     for    the 
Blind   at,    97;    Hospital   for   Inebri- 
ates  at,    187 

Labeling,     requirements     relative     to, 
126,   127,   128,   133,   139,   152,  305, 
327,     328,     331  ;     method    of,     302, 
303;   evasion   of  law  of,   303 
Labels,    style    of,     302;     contents    of, 
303;     quantity    indicated    on,    304; 
displav    of,    on    cold    storage    goods, 
306 
Labor,    regulation    of.    by   local    areas, 
16;  punishment  by,  29,  42,   77,  78; 
requirement    of,    from    paupers,    39, 
92  ;  re(|iiirement  of,  in  i)enitentiary, 
43;  sentence  of  vagrants  to,  46;  re- 
quirement  of.    from   poor   prisoners, 
78;    instruction    of    delinquent    chil- 
dren   in.    80;    requirement   of,    from 
inmates     of     institutions,     96,     188; 
profits   from,   96;    statistics  concern- 
ing,   107,    108;   wages   for,    194;   re- 
quirements  of,    in    .iails,    201  ;    kind 
of,    in    the    Reformatory,    212     (see 
also     Child     labor.     Convict     labor. 
Hours  of  labor,   etc.) 
Labor     Commissioner      (see     Commis- 
sioner  of   Labor) 
Labor    disputes,     occurrence    of.    27; 
legislation  concerning,   245-248 ;  ex- 
tent  of  arbitration   of,   245,   246 
Labor  law,   provisions  of  first,   30 
Labor  legislation,   purpose  of,    8 
Labor  problems,    social   aspects   of,    5 
Labor    statistics,     collection     of.     106; 
bureau  of.   106,    107;   method  of  ob- 
taining.    107.     108;     report    of,     to 
Commissioner    of    Labor.    108 
Laboratory,    appropriation    for.    299 
Laborers,    relation    of,    to    social    legis- 
lation.   7,    8;    housing   of,    15;    laws 
nfTecting.   in   Cude  of  1831,   46.   47; 
laws  affecting,   in   Rex-ixion  of  1S60, 
60;   laws  aflfecting  in  Code  of  1S73, 
82-84;    collection    of    statistics    con- 
cerning.    106;     laws     affecting,     in 
Code    of   1897.    106-119;    protection 
of   wages    of,    108,    109;    legislation 
affecting,  since  1897,  240-283;  safe- 


424 


INDEX 


ty  of,  in  factories,  248-250;  safety 
of,  in  mines,  250-262  ;  exclusion  of 
casual,  from  workmen's  compensa- 
tion, 272;  preservation  of  health  of, 
275-278;    organization    of,    :i5:! 

Laboring,  reference  to,  on  Sunday, 
34,    63 

Laboring  class,  creation  of,  13,  18 ; 
degredation  of,  13 ;  self-reliance  of, 
15;  demands  of,  18;  permanence 
of,    24 

Ladder,   216,   217 

Laissez  faire,  policy  of,  in  work  acci- 
dent   indemnity,  "269,    270 

Laissez  faire  doctrine,  definition  of, 
10;  effect  of,  10,  11;  departure 
from,  23,  24 

Laissez  faire  economists,  attitude  of, 
toward    factory    regulation,    14 

Landlord,  penalty  of,  for  leasing 
property    for   house   of   ill   fame,    52 

Larceny,   31 

Lard,  penalty  for  failure  to  label,   127 

Laundry,  employment  of  children  in, 
279 

Lavatories,  maintenance  of,  in  food 
producing    establishments,    307 

La^^'>■er,  place  of,  as  commissioner  of 
insanity,     73 

Lawyers,    control    of,    367 

Lease,   termination  of,   52,    138 

Lectures,  giving  of,  in  penitentiaries, 
214 

Legislation,  purposes  of,  3,  4;  ex- 
amples of  protective,  3;  examples 
of  paternalistic,  3,  4 ;  examples  of 
socio-political,  4;  examples  of  socio- 
economic, 4,  5 ;  theory  of,  in  nine- 
teenth century,  9:  guiding  prin- 
ciple of,  25,  26;  suggestions  for,  by 
Mine  Inspectors,  112;  suggestions 
for,  by  Board  of  Health,  121;  sug- 
gestions for,  bv  Board  of  Control, 
149 

Legitimate  children,  effect  upon,  of 
nullification    of   marriage,    89,    90 

Lemon   extract,    standard  of,    303 

Leprosy,  quarantine  for,  288  ;  fumiga- 
tion "  after,    288 

Letters,  inspection  of,  76;  penalty  for 
interference    with,     76,     77 

Lewd  act,  penalty  for,  with  child,  335 

Lewdness,  31 

Liability,  contracting  away  of,  273 ; 
waiving   of,    by   children,    279 

Libel,    31 

Liberty,  influence  of,  on  social  wel- 
fare,   9 

Library  furnishings,   214 

License,  requirement  of,  118,  125, 
129,  155;  effect  of  mulct  tax  as, 
141  ;  power  of  cities  and  towns  to 
grant,  143;  penaltv  for  violation 
of,    155 

Lien,     creation     of,     on     property     of 


liquor  dealer,  138;  action  of  mulct 
tax  as,  140  (see  also  Mechanics' 
lien) 

Life  insurance  companies,  power  of, 
271,    272 

Life  preservers,  number  of,  on  boats, 
268;  inspection  of,  on  boats,  268; 
penalty  for  failure  to  equip  boats 
with,    268 

Ligation  of  fallopian  tubes,  operation 
of,    197-199 

Lighting  and  heating  plants,  mu- 
nicipal ownership  of,   15 

Lights,  maintenance  of,  at  openings 
of  mines,  257 ;  maintenance  of,  on 
trip  cars,  257;  equipment  of  motor 
vehicles  with,    325,    326 

Light-wells,  construction  of,  in  hotels, 
317 

Linn   County,   383 

Linseed  oil,  nuisance  of,  311;  purity 
of,    393,    394 

Liquor,  sale  of,  19,  34,  50,  53,  61, 
64,  65,  66,  87,  88,  137,  138,  139, 
140,  141,  336-341;  manufacture 
of,  64-66,  137,  141,  339;  adultera- 
tion of,  47,  61,  126;  traffic  in,  53; 
destruction  of,  65,  88,  138;  seizure 
of,  65,  88,  137 ;  enforcement  of 
regulations  of,  65,  138;  transporta- 
tion of,  65,  66,  139;  permit  to  sell, 
88,  140,  337;  bond  of  persons  per- 
mitted to  sell,  88 ;  expiration  of 
permit  to  sell,  88 ;  limitation  of 
profits  of,  88;  shipment  of,  139, 
340;  labeling  of,  139;  mulct  tax 
on,  139-141;  legalization  of  traffic 
in,  141;  penalty  for  furnishing,  to 
inebriates,  189,  336;  exclusion  of, 
from  State  institutions,  216,  217, 
340:  exclusion  of,  from  mines,  261; 
penalty  for  drinking,  on  train  or 
street  car,  334;  offense  of  procur- 
ing of,  for  minor,  inebriate,  or  in- 
toxicated person,  336;  use  of,  by 
students  in  State  schools.  336,  337; 
abatement  of  nuisance  of.  337;  list- 
ing of  places  of  sale  of,  337;  collec- 
tion of  mulct  tax  on,  337 ;  surety 
on  bonds  of  dealers  in,  337;  method 
of  en.ioining  sale  of,  337:  limita- 
tion of  number  of  dealers  in,  338 ; 
sale  of,  within  five  miles  of  educa- 
tional institutions,  340,  341;  loca- 
tion of  advertisements  of,  342 ; 
constitutionality  of  prohibition  of 
sale    of,    358 

Liquor  law,  provisions  of,  31 :  tech- 
nical changes  in.  88;  application 
of,  to  special  charter  cities,  370 

liiquor    licensfs,    list    of    Federal,    340 

Liquor  manufacturies,  location  of, 
141  ;    retail   of  liquor  by,    141 

Liquor  traffic,  change  of  attitude 
toward,   53 ;   regulation  of,   137-141 


INDEX 


425 


Literary  societies,  protection  of,   87 

Live  stock,  transportation  of,  89,  263  ; 
disease  ainonK,  85,  86,  lliO,  123, 
124,  289,  392;  destruction  of,  124, 
289;  quarantine  of,  124;  notifica- 
tion of  Governor  of  disease  among, 
124 

Local  areas,  rcRulation  of  social  af- 
fairs in,  16;  control  of  public 
health  by,  84 ;  control  of  chronic 
insanity   by,    121 

Local  boards  of  health,  appointment 
of,  60;  orsanization  of,  84,  122; 
powers  of.  84,  85,  122,  123,  129, 
289;  rules  of,  84  85,  121,  285; 
expenses  of,  85,  122,  284,  285; 
responsiblitv  of,  121;  membership 
of,  121;  duties  of,  60,  61,  121, 
284;  meetiniis  of,  121;  reports  of, 
121,  122;  control  of  sanitation  by, 
128;  reference  to,  131;  consent  of, 
to  removal  of  infected  persons,  287  ; 
report  of  cases  of  syphilis  and  gon- 
orrhea, to,  288;  inspection  of  ma- 
ternity  hospitals  by,    296 

Local   government,    changes   in,    55 

Local  independence,  departure  from, 
22 

Local  officials,  administration  of  jails 
by,  41  ;  prohibition  of,  from  being 
saloon-keeper,    140 

Lockout,  prohibition  of,  during  in- 
vestigation,   247 

Locomotives,  whistling  of,  for  cross- 
ings, 131;  equipment  of,  with  frost 
glasses,  265,  266 

Lodge  halls,  doors  in,  316 

Lodging,  giving  of,  to  deserving  per- 
sons, 106 

Lodging-houses,  drainage  of,  310, 
311;  sanitation  in,  310,  311; 
plumbing  in,  310,  311;  fire  escapes 
on,  314 

Lost   Creek,   disaster   at,    258 

Lotteries,  regulation  of,  in  E.igland, 
14;  abolition  of,  19;  penalty  for, 
34,  53,  66;  offense  of  operating, 
356 

Louisiana,   Civil   Law  in,    352 

Lumber,   regulation  of  storage  of,    130 

Lunatics,  first  government  care  for, 
15;  dassificition  of,  29;  care  of, 
by  local  authorities,  57 ;  guardians 
for,    57.   58,    77 

Luther,  Jfnrtin.  influence  of.  on  civil 
marriage,    399 

Lyceums,  protection  of,  from  disturb- 
ance,  87 

Lye,   sale  of,    132 

Machinery,  effect  of,  on  industry,  13; 
injury  of,  in  mines,  116.  262:  safe- 
guards about,  248.  249;  employ- 
ment of  children  around,  249.  279; 
repair    of   defective,    270,    271 


McPherson,  Smith,  decision  of,  199, 
273 

Magistrates,    power   of,    135 

Maimed  person,  penalty  for  exhibit- 
ing,   333 

Afaiming,    penalty    for,    49 

Maine,  prohibition  in,  19,  398 ;  refer- 
ence  to,    382 

Majority  (age),  qualification  of,  for 
settlement,  37;  release  of  children 
from  Heform  School  at,  81  ;  rela- 
tion of,  to  enticing  away  children, 
158;  discharge  from  Industrial 
School    at,    226 

Malt  vinegar,   standard  of,   303 

Managing  officer,  contingent  fund  in 
hands   of,    149 

Manhood   suffrage,    18 

Manslaughter,   31;   penalty  for,   49 

Manufacturers,  attitude  of,  toward 
factory  regulation,   14 

Manufacturing,  domestic  system  of, 
12,  13;  factory  system  of,  12,  13; 
safety   precautions   in,    248-250 

Manway,    examination   of,    261 

Maps,  requirement  of,  for  mines,  112, 
113;  contents  of,  for  mines,  252, 
253  ;  date  of  filing  of,  253  ;  penalty 
for  failure  to  make,  253 ;  require- 
ment of,   for  gypsum  mines,  253 

Marines,  admission  of,  to  Soldiers' 
Home,  92,  93 ;  relief  of,  94,  95 ; 
burial  of,   94,   95 

Marines'  orphans,  care  of,  165 

Marion    County,    190 

Marriages,  absence  of  laws  relating 
to,  28;  regulations  of,  34,  54,  346; 
age  of  parties  in,  34,  54,  399;  re- 
port of,  34,  294,  345,  346,  347; 
bar  of,  to  punishment  for  seduc- 
tion, 53;  certificates  for,  54;  place 
of  ceremony  of,  54 ;  effect  of,  on 
illegitimate  children,  54;  effect  of, 
on  minority,  54;  legality  of.  of  di- 
vorci'd  persons,  67;  nullification 
of,  89,  90;  record  of,  120,  125, 
294.  345  ;  effect  of,  on  admission 
to  Soldiers'  Home,  160.  161;  pro- 
hibition of.  of  first  cousins,  346; 
legality  of,  of  epileptics  and  sypliil- 
itii-s,  346;  validation  of  annulment 
of,  347;  establishment  of  civil,  399; 
Common  Law,  399;  announcement 
of.  399 ;   civil  officer  for,   399 

Marshal,  supervision  of  city  jails  by, 
58 ;  duties  of,  in  working  prison- 
ers, 77;  duties  of,  as  truant  officer, 
282 

Afarshalltown.    Soldiers    Home    at,    92 

Maryland,  teachers'  pensions  in,  233; 
arbitration  of  labor  disputes  in, 
245.  246;  reference  to.  382;  acci- 
dent   insurance    in,    390 

Jrassachusetts,  first  State  prison  in, 
17;     reform    school    in,    20;     State 


426 


INDEX 


poor  in,  21 ;  institution  for  foeWe- 
minded  children  in,  99 ;  custodial 
farm  in,  206;  pensions  in,  233; 
boards  of  arbitration  in,  245 ;  re- 
formatory in,  379;  indeterminate 
sentence  in,  380,  381;  mothers' 
pensions  in,  385;  workmen's  com- 
pensation  in,    390 

Masters,  duties  of,  in  care  of  appren- 
tices,  54 

Maternity  hospitals,  location  of,  296; 
permit  to  erect,  296;  fee  of  permit 
to  erect,  296;  registration  in,  296; 
penalty  for  unlawful  operation  of, 
296;  adoption  of  children  in,  296; 
inspection  of,  296;  regulation  of, 
392 

Matron,  appointment  of,  for  Soldiers' 
Home,  94;  appointment  of,  for  wo- 
men's department  in  penitentiaries, 
103;  salaries  of,  in  penitentiaries, 
203,   365    (see  also  Police  matrons) 

Mayhem,    31 

Mayors,  powers  of,  54,  97,  246,  314; 
consent  of,  for  adoption,  67 ;  pres- 
ence of,  on  board  of  health,  84, 
121;  duties  of,  102,  292;  enforce- 
ment of  safety  precautions  by,  249  ; 
enforcement  of  fire  escape  law  by, 
250,  315,  316;  enforcement  of  law 
requiring  water  closets  by,  277;  re- 
port of  deaths  from  tuberculosis  to, 
292;  determination  of  number  of 
fire  escapes  by,  314,  315;  appoint- 
ment of  police  chief  by,  319;  in- 
vestigation of  fires  by,  321,  322, 
323  ;  reports  of  fires  by,  321 ;  com- 
pensation of,  321,  323  ;  expenses 
of,  321,  323;  permit  by,  to  carry 
concealed  weapons,    331,    332 

Meat,  prohibition  of  street  display  of, 
307 

Meat  markets,  inspection  of,  300; 
licensing  of,  300;  sanitation  in, 
306,    307 

Mechanics'  liens,  establishment  of, 
30;  changes  in  law  of,  46,  82,  83; 
extension    of,    60 

Medical  aid,  furnishing  of,  in  jails, 
41 

Medical  attendance,  contract  for.  of 
paupers,  92 :  amount  of,  in  work- 
men's   compensation,    273 

Medical  Examiners  Department,  juris- 
diction of  Board  of  Health  over, 
120,    392 

Medical  treatment,  idea  of,  for  insane, 
20,   21,    101 

Medicine,  sale  of  liquor  for,  138;  de- 
posit  of.    on   lawns   or  porches,    329 

Memorial  Dav,  penalty  for  desecration 
of,    334 

Memorial    hall,    tax  for   soldiers,    364 

Mercantile  establishments,  seats  in. 
for  women,    110;   washing  facilities 


in,  277,  278;  dressing  rooms  in, 
278;  drinking  water  in,  278;  em- 
ployment of  children  in,  279 

Merit  system,  effect  of  on  superan- 
nuation,  385 

Mexican  War,  relief  and  burial  of 
soldiers  of,  163;  exemption  of  prop- 
erty  of  soldiers  of,    164 

Michigan,  establishment  of  State  pris- 
on in,  17;  laws  of,  in  Iowa,  355; 
asexualization  in,  378;  reforma- 
tory in,  379;  indeterminate  sen- 
tence and  parole  in,  380,  381; 
mothers'  pension  in,  385;  work- 
men's compensation  in,   390 

Michigan   Territory,    28 

Military  camp,  sale  of  liquor  near, 
141,    338 

Military  duty,  excuse  from,   62 

Milk,  penalty  for  selling  adulterated 
or  impure,  86,  126;  testing  of,  125, 
305;  inspection  of,  125;  labeling 
of,  126 :  definition  of  impure, 
126;  definition  of  whole,  126, 
127;  labeling  of  condensed,  127; 
use  of  impure,  301  ;  use  of  adulter- 
ated, 301;  penalty  for  failure  to 
pasteurize  skimmed,  301 ;  standard 
of,  305;  labeling  of  skimmed,  305; 
licensing  of  dealers  in,  305;  licens- 
ing of  testers  of,  305;  penalty  for 
violation  of  law  relative  to,   305 

Milk  dealers,  licensing  of,  125,  305; 
control   of,    367 

Milk  fat,  amount  of,  in  ice  cream, 
304;  amount  of,  in  milk  and  cream, 
305 

Milk  inspectors,  appointment  of,  298 ; 
salary    of,    298 

Milk   testers,    licensing   of,    305 

Milk-testing  machines,  standard  in, 
125 

Milk  tests,  penalty  for  misreading,  301 

Millerites,    reference    to,    19 

Mills,  washing  facilities  in.  277.  278; 
dressing  rooms  in.  278 ;  drinking 
water  in,  278  ;  employment  of  chil- 
dren in,  279 

Mine  foremen,  examination  of,  251, 
260;  inspection  of  traveling  ways 
by.  254;  duties  of,  259,  261;  cer- 
tificate of  competency  of.  260,  261 ; 
vacancies   in    office   of,    260 

Mine  inspection,  districting  of  State 
for.    111 

Mine  inspectors,  duties  of,  83,  111, 
112,  252,  261,  276.  277:  powers 
of.  83,  116.  117,  257,  262;  ap- 
pointment of.  83,  110:  compensa- 
tion of,  83,  111.  251,  252:  inspec- 
tion of  scales  by,  109.  112;  ex- 
amination of.  111:  qualifications  of. 
Ill;  term  of.  111.  252:  removal 
of,  111,  252;  reports  of,  112:  right 
of,   to  enter  mines,   112;   possession 


INDEX 


427 


of  mine  maps  by,  113;  approval 
of  escape  shafts  by,  114,  254;  in- 
spection of  oil  by,  115,  116;  refer- 
ence to,  243 :  report  of  accidents 
to,  252  ;  penalty  for  failure  to  fur- 
nish mine  maps  to,  253 ;  approval 
of  closing  escape  way  by,  254;  ap- 
proval of  construction  of  ventilation 
shaft  by,  254  ;  appeal  from  ruling 
of,  254,  255;  approval  of  code  of 
signals  by,  25(5;  requirement  of 
refuge  places  by,  257 ;  approval  of 
location  of  gasoline  engines  by, 
258;  penalty  for  disobeying,  260, 
261  ;  reports  of  mine  foremen  to, 
261;  approval  of  air  currents  by, 
275;  regulation  of  number  of  em- 
ployees on  air  current  by,  275 ; 
suspension  of  work  in  mines  bv, 
276 

Mine  operators,  liability  of,  for  dam- 
ages to  injured  employees,  83  ;  com- 
pensation of  mine  inspectors  by,  83; 
responsibility  of,  to  protect  work- 
men,  83 

Mine-owners,  liability  of,  for  damages 
to  injured  employee,  83 ;  compen- 
sation of  mine  inspectors  by,  83 ; 
report  of  accidents  by,  112;  instal- 
lation of  safety  appliances  by,  114, 
116,  117;  penalty  for  coercion  by, 
IIG:    reports   of,    366 

Minerals,  adulteration  of  candv  with, 
300,    301.    302 

Mineral  acids,  sale  of,  132 

Miners,  payment  of  wages  to,  109, 
244;  duties  of.  261,  262;  concealed 
weapons  carried  by,   332 

Miners'    lien,    omission    of,    46 

Mines,  inspectors  of.  83 ;  duties  of 
owners  of,  83 ;  liability  for  dam- 
ages to  empTovees  in.  83  ;  inspec- 
tion of,  83.  ll'l,  112:  exits  in,  83, 
113;  ventilation  in,  83,  113,  115, 
275,  276;  report  of  accidents  in, 
112.  252;  maps  of.  112,  113,  252, 
253;  escapes  in,  113.  114,  253- 
255;  traveling  ways  in.  113;  hoisting 
apparatus  in.  113:  stairs  in,  113; 
air  shafts  in,  113:  fans  in,  113; 
combustible  material  in,  113,  258; 
furnace  shaft  in,  113;  abandon- 
ment of,  114;  limitation  of  number 
of  workmen  in  abandoned,  114; 
suspension  of  operations  in,  114, 
116,  117:  communication  in,  114, 
255,  256;  safet.v  appliances  in,  lit, 
115,  116.  11 7,  256,  257:  preserva- 
tion of  health  in,  115;  illumination 
in,  115.  116,  276,  277:  conduct 
of  workmen  in.  116;  employment  of 
competent  engineers  in.  116;  pen 
alty  for  short  weight  in,  116;  co- 
ercion   of   employees    in,    116;    pen- 


alty for  dangerous  acts  of  workmen 
in,  116;  safety  precautions  in,  250- 
262;  inspection  of,  252,  261;  sur- 
vey of,  253;  connection  of,  254; 
location  of  buildings  at,  255;  ex- 
plosives in,  255,  259,  260;  engine 
rooms  in,  258;  gasoline  engines  in, 
258;  fire  extinguishers  in,  258; 
shot  firing  in,  258,  259;  classifica- 
tion of,  260;  exclusion  of  intoxicat- 
ed persons  from,  261,  340;  exclu- 
sion of  intoxicants  from,  261,  340; 
reports  of  condition  of,  261;  notices 
of  dangerous  places  in,  261  ; 
child  labor  in,  261,  278,  279,  366, 
367;  stretchers  and  bandages  in, 
262;  closure  of,  262;  regulation 
of  labor  in,  353  (see  also  Gypsum 
mines) 

Minimum  wage,  precursor  of,  12;  es- 
tablishment of,  for  teachers,  244, 
245;    conditions   of,    245 

Mining,  prevention  of  accidents  in, 
110-117;    method    of,    in    Iowa,    258 

Mining  law,  penalties  for  violation  of, 
367 

Ministers,  powers  of  marriage  bv,  34, 
54 

Minnesota,  care  of  chronic  insanity 
in,  21;  asexualization  in,  378;  re- 
formatory in.  379  ;  indeterminate 
sentence  and  parole  in,  380,  381 ; 
mothers'  pension  in,  385;  work- 
men's  compensation   in,    390 

Minority,    extent   of,    54 

Minors,  guardians  of,  32,  67,  90; 
settlement  of,  38;  wages  of,  46; 
sale  of  liquor  to,  87,  88,  141,  337, 
338;  segregation  of,  in  jails,  102, 
103 ;  exclusion  of,  from  saloons, 
140,  143;  sale  of  tobacco  to.  141, 
142;  sale  of  revolvers  to,  143;  ex- 
clusion of,  from  nine  pin  alleys, 
143;  church  preference  of,  153; 
procuring  liquor  for,  336;  punish- 
ment of,  for  use  of  cigarettes,  342  ; 
segregation  of,  in  penitentiaries, 
365 

Misbranding,  penalties  for,  133:  defin- 
ition of,  302,  303,  304,  308;  ap- 
plication of  laws  against,  303; 
classification   of  offenses  of,    304 

Misdemeanor,     penaltv     for,     29,     41, 

162,  163;    definition   of,    41 
Mississippi,    custodial    farm    in,    206; 

reference    to,    382 ;    prohibition    in, 

398 
Missouri,    mothers'    pension    in,    385 
Mitchellville,    reform    school    for    girls 

at.    104 
Mixtures,    labeling   of,    302 
^^ontana,    accident    insurance    in,    390 
Monument,    erection    of,    for    soldiers, 

163,  164 


428 


INDEX 


Moon  Law,  provisions  of,  338;  modi- 
fication of,  341 ;  application  of,  to 
special  charter  cities,   341 

Moral  perverts,  asexualization  of,  197- 
199 

Morality,  instruction  of  delinquent 
children  in,  80;  instruction  in,  in 
Reformatory  for  Females,   214,   215 

Mormons,    reference    to,    19 

Morphine,  penalty  for  passing  in  of, 
to  penitentiary,  216,  217;  labeling 
of,   308;   sale  of,   327,   338 

Mothers,  support  of  poor  by,  36; 
abandonment  by,  37;  punishment 
of,  for  abandonment,  49;  pensions 
for,  236,  239;  admission  of,  to  Sol- 
diers'   Home,    92,    93 

Mothers'  pensions,  economic  aspect  of, 
5;  nature  of,  238,  239,  399;  spread 
of  scheme  of,  238;  workings  of, 
238,  239;  administration  of,  239; 
terms  of,  239;  amount  of,  239; 
extent  of,  in  United  States,   385 

Motor   cycles    (see   Motor  vehicles) 

Motor  trucks,   exemption  of,   327 

Motor  vehicles,  regulation  of,  323- 
327;  problems  of  traffic  of,  323; 
registration  of,  324,  325;  numbers 
on,  324,  325,  326;  speed  of,  324, 
326;  operation  of,  324,  326,  327; 
equipment  on,  324,  325;  lights  on, 
325,  326;  penalty  for  unlawful  op- 
eration of,  325;  taxation  of,  325; 
age  of  operator  of,  326;  penalty  for 
injury  by,  327  ;  penalty  for  violation 
of  law  regulating,  327;  exemption 
of   certain,    327 

Mount  Pleasant,  insane  hospital  at, 
56,    72 

Mulct  tax,  policy  of,  137 ;  provisions 
for,  of  liquor,  139-141;  bar  of,  to 
prosecution,  140,  142;  bond  for 
faithful  observance  of,  140;  collec- 
tion of,  140,  142,  337,  342;  rev- 
enue from,  140,  141,  142,  339; 
lew  of,  on  cigarettes,  143;  reten- 
tion of,  336;  account  of,  337;  ap- 
plication of,  to  storage  of  liquor, 
338 

Mules,    diseased,    85 ;    destruction    of, 

Municipal    ownership,    beginnings    of, 

15 

Municipalities,  control  of  sanitation 
by,  128 ;  payment  of  workmen's 
compensation  by,  272  (see  also 
Cities) 

Murder,  punishment  for,  29,  41,  49 
87,  102,  305;  reference  to.  31;  de 
nial  of  bail  for,  41,  77,  102;  classi 
ficatinn  of.  48,  49 ;  pardon  for.  79 
80.  219;  children  guilty  of,  81;  pro 
bation  in  case  of,   210 


Muscatine,    police    matrons    in,     379; 

reference  to,   395 
Musical     supplies,     purchase     of,     for 

penitentiaries,   214 

Names,   change  of,   54 

Naplitha,  inspection  of,  132-134;  use 
of,  in  pantoriums,  313;  labeling  of, 
331 

Narcotics,  effects  of,  taught  in  In- 
dustrial School,  105;  penalty  for 
furnishing,  to  inebriates,  189;"  pen- 
alty for  passing  in  of,  to  peniten- 
tiary, 216,  217;  regulation  of  sale 
of,    336-342 

Nasal   gleet,    86 

National  Formulary,  reference  to,  308 

National    government,    powers    of,     11 

National    politics,     importance    of,    27 

Natural  rights,  governmental  respect 
for,    10;    theory   of,      22 

Navigation,    rules    of,    31 

Nebraska,  asexualization  in,  378; 
mothers'  pensions  in,  385 ;  work- 
men's  compensation    in,    390 

Negligence,  penalties  for,  of  peniten- 
tiary officers,  59 ;  definition  of,  in 
employers,  268,  269;  effect  of,  in 
employees,  269;  proportional  in- 
demnity for,  271;  proof  of,  by  em- 
ployer,  272;   effect  of  wilful,   273 

Negroes,  poor  relief  for,  33,  37,  68; 
marriage  of,  to  white  persons,  34; 
evidence  by,  against  white  persons, 
35;  certificate  of  freedom  of,  356; 
employing  of,  356;  discrimination 
against,   361 

Nevada,  asexualization  in,  378;  acci- 
dent  insurance   in.    390 

New  Hampshire,  asexualization  in, 
378;  indeterminate  sentence  and 
parole  in,  380,  381;  mothers'  pen- 
sions in,  385;  workmen's  compen- 
sation  in,   390 

New  .Jersey,  teachers'  pensions  in, 
233;  arbitration  of  labor  disputes 
in.  245.  246 ;  asexualization  in, 
378;  reformatory  in,  379;  inde- 
terminate sentence  in,  380,  381 ; 
mothers'  pensions  in.  385;  work- 
men's   compensation    in,    390 

New  Mexico.  Civil  Law  in.  352 ;  in- 
determinate sentence  in,  380,  381 ; 
reference   to,    382 

Newspapers,  penalty  for  immoral  ad- 
vertisements in,  135;  purchase  of, 
for  penitentiaries,  214;  publication 
of    decisions   in.    247 

New  York,  establishment  of  State 
prison  in.  17;  first  State  insane 
asylum  in,  20;  reformatory  in,  20, 
379;  care  of  chronic  insanity  in, 
21;    custodial    farm    in,    206,  "380; 


INDEX 


429 


House  of  Refuge  in,  58,  219; 
boards  of  arbitration  in,  245;  asex- 
ualization in,  378;  inditerininate 
sentence  in  380,  381;  worlvmen's 
compensation  in,  390 
Night  soil,  disposal  of,  310 
Nine    pin     alloys,     regulation     of,     66; 

exclusion  of  minors  from,   143 
Nitric    acid,    sale    of,    327,    328 
Noise,    power    to    prevent,    63,    64 
Noisome    substance,     nuisance    of,     47 
Non-compos,    classification    of,    29 
Non-interference,     10,     11,     351 
Non-resident   blind,    education   of,    70, 

71;    tuition    of,    359 
Non-resident    deaf,     admission     of,     to 
Institution,    71;   tuition   of,    71,   359 
Non-resident  insane,  sujiport  of.  74,  75 
Non-resident  minors,  guardians  for,  90 
Non-resident  poor,    relief   of,    33,    38 ; 

return    of,    38 
Non-residents,    garnishment    of    wages 

of,    244 
Normal    School,    State,    control    of,    by 
Board  of  Control,  152;  use  of  liquor 
by    students    at,    336,    337;    prohibi- 
tion   of    sale    of    liquor    within    five 
miles    of,    340,    341 
North     Carolina,     custodial     farm     in, 
207:   reference  to,   382;   prohibition 
in,    398 
North  Dakota,  asexualization  in,  378; 
indeterminate      sentence      in,      380, 
381;   reference  to,  383;  prohibition 
in,    398 
Nuisance  Removals  Act,   15 
Nuisances,    prohibition    of,    in    private 
house,     15;     definition     of,     47,     48, 
311  ;     penalty     for,     48,     311,     312, 
358;    abatement   of,   48,    61,   65,   84, 
85,    128,    129,    137,    142,    311,    312, 
337;    houses  of  ill   fame  treated   as, 
52,  335  :  dram  shops  considered  as, 
53 ;    gambling-bouses   considered    as, 
53  ;  prohibition  of,  at  fairs,  88,   89  ; 
regulation   of.    121,    129,    311,    312; 
punishment  of,  312,  360 
Numbers,  di.splav  of,  on  motor  vehicles, 

324,    325,   326 
Nurses,     admission    of    army,    to    Sol- 
diers'     Home.      92,      93 ;      training 
school   for,   297;    control  of,   367 
Nurses'    Department,   392 
Nutmeg  extract,   standard  of,    303 
Nux   vomica,    sale   of,    132,    327,    328 

Obscene  books  (see  Immoral  litera- 
ture) 

Obscene  language,  penalty  for  using, 
135,    136,   334 

Obscene  marking,  appearance  of,  in 
water  closets,  277 

Obscene  pictures  (see  Immoral  lit- 
erature) 


Obscene  songs  (see  Immoral  litera- 
ture) 

Obscenity,    legislation    on,    334 

Obstructions,  presence  of,  in  escape 
shafts,  254;  presence  of,  in  travel- 
ing wavs,  254;  removal  of  over- 
head,  263,    264 

Occupational  risks,  development  of 
theory  of,  83 ;  definition  of,  269 ; 
reference   to,    271 

Odors,  prevention  of,  in  slaughter 
houses,  307 ;  exclusion  of,  from  ho- 
tels,   311 

Oelwein,    superior   court   in,    383 

Offal,   nuisance  of,   47  • 

Offenses  against  persons,  48-50,  52, 
53 ;  rape  and  seduction  as,  52 ;  in- 
crease of,   63 

Office   buildings,   fire   escapes   on,   315 

Officers,  misconduct  by  42,  43  ;  rules 
by,  42  ;  appointment  of,  42.  59,  80, 
94,  160,  226;  powers  of,  44;  pun- 
ishment of,  44,  76,  77,  78:  treat- 
ment of  prisoners  by,  78;  removal 
of,  80.  103;  qualifications  of,  94, 
160;  interest  of,  in  contracts,  94, 
151;    vacation    of,    204,    205 

Ohio,  establishment  of  State  prison 
in,  17:  State  school  for  blind  in, 
361;  asexualization  in,  378:  re- 
formatory in,  379;  indeterminate 
sentence  in,  380,  381;  mothers' 
pensions  in,  385 ;  accident  insur- 
ance in,   390 

Oil,  adulteration  of,  87,  133;  quality 
of,  in  mines,  115,  116,  277;  in- 
spection of.  115.  116,  132,  134, 
276,  277,  299;  standard  of,  133; 
labeling  of,   133;   purity  in,   299 

Oil  of  bitter  almonds,  sale  of,  132, 
327,     328 

Oil  of  savin,   sale  of,   329 

Oil    of   tansy,    sale    of,    329 

Oklahoma,  reformatory  in,  379;  pro- 
hibition   in,    398 

Old  Blue  Book,  social  legislation  in, 
27-32;  character  of  legislation  in, 
27 

Opera  houses,  fire  escapes  on,  314, 
315,    316;    doors   in,    316 

Opium,  sale  of,  132,  327,  328:  use 
of.  142:  bringing  of,  into  State  in- 
stitutions, 216,  217,  342;  labeling 
of,    308 

Opium  joints,  classification  of,  as  nui- 
sances, 129,  142;  suppression  of, 
142 

Opticians,  control  of,   367 

Options,    penalty    for    dealing    in,    143 

Optometry    Department,    392 

Orange   extract,   standard   for.    303 

Oregon,  asexualization  in,  378;  inde- 
terminate sentence  in,  380,  381; 
mothers'     pensions    in,     385;     acci- 


430 


INDEX 


dent  insurance  in,   390;   prohibition 
in,   398 
Original    notice,    service   of,    347 
Orpluui   fund,   tax   for   countj%    70,    97 
Orplians,   care  of,   of  soldiers  and  sail- 
ors,   21,    165-167;    character    of    in- 
stitutions   for,    68 ;    support    of,    in 
county  soldiers'  orphans'  homes,  70; 
fund    for    maintenance    and    educa- 
tion   of,     70;     enumeration     of    sol- 
diers',   70,   97;    eligibility  of,   to   Or- 
phans' Home,  96;  discharge  of,  96; 
tax    for    education    of,    97 
Orphans'   Home,   establishment  of,   95, 
96;     location    of,     96;     management 
of,   96;   admission  to,   96;   discharge 
from,  96;  education  in,  96;  employ- 
ment   in,    96;     adoption    from,    96; 
support    in,    96,    97     (see    also    Sol- 
diers'   Orphans'    Home) 
Osceola  County,  poor  house  in,   364 
Oskaloosa  Transit  Company,  labor  dis- 
pute of,   387 
Otto,    Helen,   acknowledgment   to,   xi 
Outdoor   relief,    giving  of,    36,    39,    55, 
69,      359 ;      administration      of,      by 
township  trustees,   39  ;   character  of, 
39;    amount    of,    69;    form    of,    69; 
funds    for,     69 ;    limitation    of,    69 ; 
work  for,   92 
Ovens,    regulation   of   construction    of, 

130 
Overseers   of   poor,    duties   of,    29,    33, 
36;   appointment  of,   69;  powers  of, 
69 ;    outdoor  relief  by,    69 ;    form   of 
relief   by,    69 ;    funds   for   relief    by, 
69 
Overseers  of  prison  labor,  43  ;  employ- 
ment   of,    59  ;    qualifications    of,    59 
Ox,   penalty   for   cruelty   to,    54 
Oxalic   acid,   sale  of,    132,    327,    328 
Oysters,    standard   of,    303,    304 

Packing    houses,    employment    of    chil- 
dren   in,    279;    sanitation    in,    306, 
307 
Paints,    inspection    of,    299 
Palmists,    regulation    of,    342 
Pantoriums,    location    of,    313 
Pardons,    power    of    Goveruor    in    re 
gard  to,   29,   45,    60,   79.   80;   publi 
cation    of    reasons    for,    80 :    recom 
mendations     for,     204,     218,     219 
granting    of,    to    probation    convicts 
216;     legislation     concerning,     217 
219;    petition    for,    218;    testimony 
in    case    of,    360 
Paregoric,    sale   of,    132 
Parents,  support  of  poor  by,  36,  356 
relation    of    foster,    to    children,    67 
345,   361  ;   consent  of.   for  adoption 
67,    70,    96,    166;    claim    of,    to   cus 
tody  of  defectives,    77;    commitmen 
of    children    to    Reform    School    by 
81;    consent   of,    for   indenture,    81; 


power  of,  to  recover  damages  from 
illegal  liquor  seller,  88 ;  permission 
of,  for  minor  to  buy  tobacco,  141, 
142;  approval  of  minor's  church 
preference  by,  153 ;  abandonment 
by,  157;  support  of,  of  inmate  of 
Soldiers'  Home,  162,  163;  support 
of  delinquent  child  by,  223 ;  fire- 
men's pension  for,  236;  policemen's 
pensions  for,  238 ;  reports  of  births 
by,    293 

Parks,    use    of,     as    playgrounds,    283 

Parole,  20;  use  of,  in  Industrial 
School,  105,  229;  forfeiture  of 
right  to,  by  inebriates,  189 ;  use  of 
in  Hospital  for  Inebriates,  189,  193, 
194;  administration  of,  204,  217, 
218;  benefit  of,  208;  object  of,  209; 
effect  of,  in  prisons,  215,  216, 
382;  violation  of,  216,  218;  legis- 
lation concerning,  217-219;  first 
system  of,  for  adult  criminals,  217; 
terms  of,  217,  218;  petition  for, 
218;  extent  of,  in  United  States, 
380,    381 

Partner,  responsibility  of  permit- 
holder   for   acts   of,    336 

Pasteurization,   requirement  of,   301 

Paternalism,  fear  of,  24,  25 ;  extent 
of,  in  America,  25 ;  views  of  Wilson 
on,    351;    reference   to,    352 

Patients,  registration  of,  296 

Patrol   wagons,    exemption   of,    327 

Pauperism,    relief    of,    12 

Paupers,  presence  of,  in  pioneer 
Iowa,  27 ;  classification  of,  28 ; 
support  of,  by  relatives,  36,  68,  69; 
warning  of,  to  depart,  38;  relief 
of,  33,  68,  69;  liberation  of,  from 
,iail,  42,  78,  357;  definition  of,  91; 
repayment  of  expense  of  relief  by, 
91,  92;  contract  for  support  of, 
92  ;  care  of,  in  county  hospitals, 
297 

Pawnbrokers,    control    of,    367 

Peace  officers,  duties  of,  65,  122,  138, 
329,  340;  powers  of,  134,  193;  re- 
turn by,   of  paroled  convicts,   218 

Peasants'    Revolt,    12 

Peddlers,    control    of,    367 

Penal  institutions,  reform  in.  208, 
210 

Penitentiaries,  conversion  of,  into  re- 
formatories, 20;  purpose  of.  29, 
30;  management  of,  30,  42,  58,  79, 
148.  202-205;  convict  labor  in.  34. 
59,  104,  210;  inspection  of,  42,  59; 
officers  of,  42,  43;  supplies  in,  42, 
43;  hard  labor  in,  43;  solitary  con- 
finement in,  43 ;  prisoners  of 
United  States  in,  43 ;  discharge 
from,  43;  visitors'  fees  in,  43,  214; 
pestilence  in,  43 ;  escape  from,  44, 
45 :  appointment  of  officers  in,  59 ; 
duties   of  officers   in,    59 ;    manufac- 


INDEX 


431 


ture  in,  59 ;  physician  in,  79  ;  stew- 
ard in,  79 ;  number  of  guards  in, 
79,  203;  transportation  from,  79; 
clothing  furnished  by,  79 ;  salaries 
of  oflicers  of,  79 ;  support  of,  79, 
205,  362 ;  supervision  of,  103 : 
confinement  of  women  in,  103;  ma- 
tron in,  103  ;  insane  in,  103  ;  tax 
for,  153;  reduction  of  bonds  of 
wardens  and  clerks  in,  204;  classi- 
fication of  guards  at,  204;  salary 
of  chaplains  in,  204;  vacations  for 
officers  of,  204,  205 :  classification 
of  convicts  in,  205.  206,  380;  man- 
ufacture in,  211;  convict  lalwr  out- 
side of,  211,  212,  213;  lectures, 
and  entertainments  in,  214;  pur- 
chase of  literary  and  musical  sup- 
plies for,  214;  rations  of  tobacco 
and  butter  in,  215;  extension  of 
limits  of,  215,  216;  penalty  for 
passing  means  of  escape  into,  216, 
217;  rules  for  parole  of  convicts 
from,  217,  218;  segregation  of 
minors   in,    365 

Penitentiary  (Anamosa),  estaVilish- 
ment  of,  78,  79 ;  erection  of.  79 ; 
department  for  criminal  insane 
at,  103;  stone-breaking  at,  104, 
210,  211;  use  of  refuse  stone 
from,  104;  transfer  of  convicts  to, 
104;  conversion  of,  into  reforma- 
tory, 203  ;  privilege  of  deputy  ward- 
en at,  204;  convict  labor  at,  211: 
manufacture  of  butter  tubs  at,  211; 
leasing  of  labor  at,   365 

Penitentiary  (Fort  Madison),  estab- 
lishment of,  30;  salary  of  physician 
at,  204;  transfer  of  convicts  from, 
206 

Pennsylvania,  asexualization  in,  378 ; 
reformatory  in,  379;  indeterminate 
sentence  in,  380,  381;  mothers' 
pensions    in,    385 

Pennyroyal,    sale   of,    327,    328 

Penology,   reform   in.    in   Iowa,   208 

Pensioners,  relation  of,  to  social  legis- 
lation, 7,  8;  legislation  concern- 
ing,   232-239 

Pensions,  cause  for  granting  of.  8 : 
regulation  of,  in  Soldiers'  Home. 
161,  162,  163,  232;  nature  of,  232. 
233  ;  exemption  of,  from  taxation. 
232;  exemption  of.  from  execution. 
232;  extent  of,  233;  granting  of. 
by  cities,  233;  m  ■thod  of  award- 
ing, 233;  tax  levy  for,  233;  month- 
ly   allowance    of,    233 

Peppermint   extract,    standard   of,    303 

Periodicals,  purchase  of,  for  peniten- 
tiaries,   214 

Perjury,     31 

Permanent  disability,  workmen's  com- 
pensation   for.    274 

Permit-holders,    increase    of    bond    of. 


88;  qualifications  of,  138:  record 
of  liquor  sales  by,  138,  139,  339; 
punishment  of,  139;  shipment  of 
liquor  by,  139  :  employment  of 
])harmacists  by,  139;  responsibilitv 
of,    336 

Permits,  qualifications  of  candidates 
for,  65 ;  method  of  securing,  65, 
88;  expiration  of,  88;  issuance  of, 
331,  332;  penalty  for  giving  ficti- 
tious name  by  applicant  for,  332; 
publication    of    application    for,    337 

Perry,    superior    court    in,    383 

Personal  indignities,  relation  of,  to 
divorce,    35 

Personal  injury,  penalty  for  inflict- 
ing,   50 

Personal  liberty,  relation  of,  to  gov- 
(  rnment,    16 

Pest-houses,  control  of,  287,  288;  dis- 
putes over  location  of,  288 ;  ex- 
penses of,    288 

Pestilence,  case  of,  in  penitentiary, 
43 

Petitions  of  consent,  regulations  for, 
140;  re(|uirenients  of,  in  towns, 
140;  period  of  validity  of,  337; 
limitation  of  number  of,  338 ;  ex- 
piration of,   341 

Petroleum,  adulteration  of,  87 ;  in- 
spection of,  132-134;  329-331,  392; 
quality  of,  329,  330;  report  of 
dealers  in,  330;  duty  of  dealers  in, 
330;  penalty  for  unlawful  sale  or 
use  of,  330;  use  of  certain  qualitv 
of.    330 

Petroleum  inspectors,  appointment  of, 
132,  1.^3;  terra  of,  133;  compen- 
sation of,  133;  duties  of,  133;  re- 
ports of,  133;  punishment  of,  for 
neglect   of  duty,    134 

Phalanxes,  establishment  of,   19 

Pharmacists,  licensing  of.  122  ;  re- 
sponsibility of,  for  purity  of  drugs, 
128;  sale  of  poison  by,  132;  per- 
mit of,  to  sell  liquor,  138,  139; 
-lualifications  of,  138;  record  of 
liquor  sales  by,  138,  139:  punish- 
ment of,  for  illegal  sale  of  liquor, 
139;  shipment  of  liquor  by,  139: 
employment  of,  to  sell  liquor,  139; 
sale  of  liquor  to,  339 ;  control  of, 
367 

Pharmacy  Commissioners,  enforce- 
ment of  pure  drug  laws  by.   309 

Phonograph  record,  penalty  for  play- 
ing  immoral.    135 

Phosphorus,    sale    of,    327,    328 

Physicians,  employment  of,  at  peni- 
tentiary, 43,  79 ;  place  of.  as  com- 
missioner of  insanity,  73  ;  employ- 
ment of.  by  local  boards  of  health, 
85;  presence  of,  on  Board  of 
Health.  120.  286;  appointment  of. 
as  health  officer,    121 ;   licensing  of, 


432 


INDEX 


122,  367;  approval  of  private  in- 
sane asylums  by,  178;  employment 
of,  in  Reformatory  for  Females, 
202,  203;  salary  of,  at  peniten- 
tiaries, 204,  365;  salaries  of,  on 
Board  of  Health,  286;  duty  of, 
to  report  cases  of  syphilis  and  gon- 
orrhea, 288,  289;  examination  of 
tubercular  persons  by,  291  ;  fees  of, 
291 ;  practice  of,  in  county  hos- 
pitals, 297;  sale  of  cocaine  to,  328; 
sale  of  drugs  to,  329 ;  sale  of  liquor 
to,     339,     340 

Piety,    instruction    in,    80,    214 

Pillory,   punishment   by,    354 

Pilots,    licensing   of,    118 

Pistol,  penalty  for  sale  of,  to  minor, 
143 

Pit -'bosses,  examination  of,  251,  260; 
certificate  of  competency  of,  260; 
vacancies  in  office  of,  260;  revoca- 
tion  of   certificates   of,    260,    261 

Placing  out,  regulations  for,  166,  167, 
222,    227,    228 

Plans,   requirement  of,    150 

Platforms,  construction  of,  on  ca- 
boose  cars,    264,    265 

Playgrounds,  benefit  of,  282,  283; 
appropriations  of  cities  for,  283 ; 
real  estate  for,  283;  establishment 
of,  283;  supervision  of,  283;  tax 
for,    283 

Plays,    penalty    for    immoral,    333 

Plumbers,   licensing  of,   129,   310,   367 

Plumbing,  inspection  of,  129,  310; 
regulation    of,    131,    309,    310,    311 

Poisoning,    31 

Poisons,  labeling  of,  48,  62,  327,  328; 
mingling  of,  vcith  food.  48 ;  pen- 
alty for  use  of,  in  butter  or  cheese, 
86;  regulation  of  sale  of,  86,  131, 
132,  327-329;  penalty  for  mixing 
of,  with  candy,  300,  301,  303;  pro- 
hibition of  deposit  of,  on  lawns  or 
porches,    329 

Poker    table,    destruction    of,    343 

Police,  duties  of,  as  truant  officer, 
282 

Police  and  fire  commissioners,  appeal 
to,  319;  members  of,  319;  term  of, 
319;  bond  of,  319;  duties  of.  319: 
appointments  by,  319,  320;  re- 
moval by,  319,  320;  hearings  be- 
fore,   320 

Police  chief,  dutips  of.  237;  enforce- 
ment of  safety  precautions  by,  249  ; 
enforcement  of  law  requiring  water 
closets  by,  277 ;  appointments  by. 
319:  appointment  of.  319;  removal 
power  of.  319:  permit  to  carry 
concealed  weapons  by,   331.   332 

Police   judges,    power   of,    135 

Police  matrons,  appointment  of.  102, 
201,  379;  number  of,  102,  201 


Policemen,  pensions  for,  233,  237, 
238;  reexamination  of  injured,  237; 
retirement  of,  237,  238;  duties  of 
retired,  238;  examination  of,  319; 
appointment  of,  319;  removal  of, 
319;  qualifications  of,  319;  dis- 
charge of,  320 ;  reduction  of  force 
of,  320;  regulations  affecting,  in 
commission-governed   cities,    320 

Policemen's  pensions,  tax  for,  237; 
gifts  for,  237;  fees  for,  237;  dues 
for,  237;  reports  of,  237;  invest- 
ment of  funds  of,  237;  compulsory 
granting  of.  237;  administration  of, 
237;  granting  of,  to  relatives,  238; 
proportional  payments  of,  238;  ex- 
emption of,  from  execution,  238; 
forfeiture  of,  238 ;  inauguration  of, 
238 

Political  corruption,  effect  of,  on  so- 
cial   legislation,    25 

Political  influence,  precautions  against, 
151 

Political   philosophy,    10,    11,    16 

Polk    Countv,     383 

Pollock,    .Tohn    C,    199 

Pond,   penalty  for  pollution   of,   86 

Pool,    gambling   at,    358 

Pools,   penalty   for  sale   of,   143 

Pool   tables,   power  to   regulate,    143 

Poorhouses,  establishment  of,  33 ;  in- 
spection of,  33,  39 ;  work  of  in- 
mates in,  33,  39;  children  in,  33; 
erection  of,  39 ;  management  of, 
39 ;  steward  in  charge  of,  39 ;  na- 
ture of  relief  in,  39  ;  admission  to, 
39 ;  discharge  from,  39 ;  use  of,  by 
contractors  of  poor  relief,  39 ;  con- 
finement of  insane  in,  74;  change 
in    name    of.    154 

Poor  laws,  provisions  of  first,  in  Eng- 
land, 12  ;  provisions  of,  during  In- 
dustrial Revolution.  13;  reform  of, 
in  1834,   15;  first,  in  Iowa,   33,  356 

Poor    persons     (see    Paupers) 

Poor  relief,  function  of  towns  in,  16; 
State  aid  in,  21  ;  Wisconsin  sys- 
tpm  of.  in  Iowa,  28:  provisions  for, 
33,  36-39,  154,  155;  tax  for,  33, 
36,  154;  expenses  of,  36,  37,  91, 
92;  manner  of,  36,  37;  adminis- 
tration of,  in  poorhouses,  39 ;  con- 
tract for,  39 :  power  of  county 
judge  in,  39  :  effect  upon,  of  change 
in  county  government,  55 ;  modifi- 
cations in  law  relating  to,  55,  68, 
69  :  limitation  of,  09  ;  new  form  of, 
238 

Post  cards,  penalty  for  iise  of  im- 
moral,  334 

Popular    sovereignty,    faith    in,    10 

Population,    ratio    of    saloons    to,    338 

Potash,  sale  of.   132 

Pottawattamie  County,   383 


INDEX 


433 


Powder,  storage  of,  in  mines,  255; 
use  of,  in  mines,  259,  360 

Power  brakes,  requirement  of,  on 
cars,  117;  e(f ect  of,  on  work  ac- 
cident indemnity,  118,  119;  equip- 
ment of  street  cars  with,  267 

Pregnant  girls,  exclusion  of,  from  In- 
dustrial   School,    226,    227 

Preserved  goods,  labeling  of,   127,   128 

Preventive   legislation,    109,    110,    147 

Printshops,  gases  in,  278;  ventilation 
in,    278 

Prison  clerk,  43  ;  appointment  of,  59 ; 
duties   of,    59;    salary   of,    359,    365 

Prison  inspectors,  compensation  or, 
357 

Prison  labor  (see  Convict  labor) 

Prison  reform,    19,   20 

Prisoners,  transfer  of,  34 ;  treatment 
of,  42,  78 ;  discharge  of,  43 ;  hard 
labor  of,  77,  78;  escape  of,  78, 
201 ;  liberation  of  poor,  78 ;  labor 
of  poor,  78;  labor  of,  over  eighteen, 
201  ;  confinement  of  female,  201, 
202 

Prisons,    early    condition    of,    19,    20 

Private  institutions,  authority  of,  to 
care   for   insane,    178 

Privies  (see  Water  closets) 

Prize    fighting,    law    relative    to,     134 

Probate  judge,  jurisdiction   of,   57,   58 

Probation,  disposal  by,  of  contribu- 
tory dependency  convicts,  156;  de- 
finition of,  209;  purpose  of,  209; 
success  of,  209 ;  establishment  of 
system  of,   210;   regulations  of,   210 

Probation  officers,  care  of  paroled  in- 
ebriates by,  156;  duties  of,  156, 
221,  224,  225;  presence  of,  in 
juvenile  cases,  221;  appointment 
of,  221,  225;  qualifications  of.  221; 
custody  of  juvenile  delinquents  by, 
223 ;  reports  to,  223 ;  salary  of, 
224;  number  of,  224,  225;  tax  for 
support  of,   224;   value  of,    371 

Profanity,  penalty  for,  on  train  or 
street  "car,     334 

Professional  men,  exemption  of  wages 
of,    358 

Professions,  licensing  of,  22 ;  regula- 
tion  of,   367,   368 

Professor  of  Dairying,  298 

Profits,  limitation  of,  on  sale  of  liquor, 
88 

Prohibition,  extent  of,  19,  397,  398: 
law  of,  64,  65 ;  nullification  of,  66 ; 
policy    of,    13  7 

Property,  change  in  conception  of, 
23;  seizure  of,  37,  69;  removal  of, 
from  convicts,  43,  44 ;  interest 
from,  of  convicts,  43,  44 ;  penalty 
for  destruction  of,  in  riot,  50 ;  pen- 
alty for  damaging  railroad,  62 ;  ex- 
emption of,  from  taxation,  95 ;  sup- 


port of  wife  and  children  of  defec- 
tives by,  102;  lien  on,  of  liquor 
dealer,  138;  lien  on,  by  mulct  tax, 
140;  levy  on,  for  support  of  family, 
156;  reservation  of,  for  support  of 
family,  175;  penalty  for  use  of, 
for  boxing  contests,  333 ;  penalty 
for  use  of,  for  immoral  entertain- 
ments, 333 ;  confiscation  of,  of 
houses  of  ill   fame,   335,   336 

Proprietary   medicine,    sale   of,    132 

Props,  supply  of,  in  mines,  115,  261; 
waste  of,  261;  suitability  of,  261, 
262 

Prosecution,  bar  to,  for  sale  of  liquor, 
140;  bar  to,  for  sale  of  cigarettes, 
142 

Prostitutes,  vagrancy  of,  45,  51;  ex- 
clusion of,  from  Industrial  Schools, 
226,   227 

Prostitution,  enticing  girls  for,  51; 
vagrancy  of,  51;  results  of,  51; 
penalty  for,  136;  suppression  of, 
in  saloons,  136;  asexualization  for, 
197;  penalty  for  confining  woman 
for,  335 ;  abatement  of  houses  of, 
335,    336 

Protective  tariff,  purpose  of,   16 

Public  buildings,  fire  protection  in, 
131;  use  of,  for  recreation,  283 

Public  care,  need  of,  for  feeble-mind- 
ed, 99 

Public  charity,  first  instance  of,  16 

Public  employees,  pensions  for  super- 
annuated, 233 

Public  halls,  fire  escapes  on,  314, 
315,    316 

Public  health,  relation  of,  to  social 
legislation,  8;  first  notice  of  ques- 
tion of,  15;  conservation  of,  by 
local  areas,  16;  interest  in,  21,  22; 
law  pertaining  to,  in  Old  Blue 
Book,  30;  laws  pertaining  to,  in 
Code  of  1851.  47,  48;  laws  per- 
taining to,  in  Revisioyi  of  1S60,  60, 
61 ;  legislation  pertaining  to,  in 
Code  of  1873,  84-86;  legislation 
pertaining  to,  in  Code  of  1897, 
120-129;  legislation  pertaining  to, 
since  1897,  284-312;  condition  of 
legislation   pertaining   to,    284 

Public  markets,  municipal  ownership 
of,    15;    regulation    of,    61 

Public  morals,  relation  of,  to  social 
legislation.  8 ;  determination  of,  by 
local  attitude,  16;  early  legislation 
affecting,  31,  32,  34;  laws  pertain- 
ing to,  in  Code  of  1851.  48-54; 
laws  pertaining  to,  in  Revision  of 
1860,  63-66;  legislation  pertaining 
to,  in  Code  of  1873.  87-89;  legi.sla- 
tion  pertaining  to,  in  Code  of  1897, 
134-143;  legislation  pertaining  to, 
since    1897,    333-344 


434 


INDEX 


Public  offenses,  classification  of,  29 

Public  opinion,  effect  of,  on  eugenics, 
196,    197 

Public  safety,  relation  of,  to  social 
legislation,  8 ;  control  of,  by  local 
areas,  16;  early  laws  in  interest  of, 
30,  31;  provisions  for,  in  Code  of 
1851,  48;  laws  pertaining  to,  in 
ReviHoti  of  1860,  61,  62;  legisla- 
tion pertaining  to,  in  Code  of  1873, 
86,  87 ;  legislation  pertaining  to,  in 
Code  of  1897,  129-134;  legislation 
pertaining   to,    since    1897,    313-332 

Public  schools,  prohibition  of  secret 
societies   in,    343 

Public  squares  and  commons,  free- 
dom of,   from  nuisances,   61 

Public  utilities,  municipal  ownership 
of,   in   England,    15 

Public  works,  board  of,  130,  131; 
employment  of  convicts  on,  212, 
213 

Punishment  ,  nature  of,  in  pioneer 
Iowa,  29  ;  cruel  and  unusual,  199  ; 
modern  conception  of,  208,  209; 
forms   of,    354 

Punitive    institutions,    systems    of,    29 

Pure  drug  laws,  appropriation  to  en- 
force, 309  ;  penalty  for  violation  of, 
309 

Pure  food  and  drugs  (see  Pood  and 
Drugs) 

Pure  food  laws,  30,  125-128;  lab- 
oratory to  enforce,  299 ;  appropria- 
tion to  enforce,   299,   304 

Purifying  plants,    tax   for,    309 

Putrid  substances,  removal  of,  by 
cities  and  towns,  61 

Quarantine,  regulation  of,  21,  120, 
121;  expenses  of,  284,  285,  287; 
auditing  of  bills  for,  284;  cases 
demanding,    288 

Quarrels,  encouragement  of,  31;  pen- 
alty  for  stirring  up,   50 

Quartermaster,  appointment  of,  94, 
160;    qualifications   of,    94 

Rabid  animals,   control  of,   121 
Racing,   penalty  for,   on  highway,   86 
Railroad      Commissioners.      term      of, 
262;    .iurisdiction    of,    262;    powers 
of,  262;  report  of,  263;  supervision 
by,   263,   264,   265;   investigation   of 
accidents    bv,    266;    report    of    acci- 
dents by,    266;    duties  of,    311,    389 
Railroad   bridges,    inspection   of,    389 
Railroad    employees,    concealed    weap- 
ons   carried    by,    332 
Railroad    property,    penalty    for    dam- 
aging,  62 
Railroad   track,    penalty   for   obstruct- 
ing,  62 
Railroads,    maintenance    of    signs    at 
crossings    by,    62 ;    modification    of 


fellow  servant  rule  relative  to,  84, 
270,  271;  liability  of,  for  damages 
to  employees,  84,  270;  care  by,  in 
transporting  live  stock,  89 ;  work 
accidents  on,  117,  266;  equipment 
of,  117;  modification  of  assump- 
tion of  risk  on,  118,  119,  271; 
hours  of  trainmen  on,  262,  263; 
overhead  obstructions  on,  263,  264; 
contributory  negligence  on,  271 ; 
penalty  for  misuse  of  petroleum  bv, 
330 

Railway  cars,  equipment  of,  with  au- 
tomatic   couplers,    262 

Rape,  31;  classification  of,  52;  pen- 
alty for,  52,  205,  206;  denial  of 
probation   in   case  of,   210 

Recreation  places,  establishment  of, 
283 

Red  light,  location  of,  at  fire  escapes, 
315 

Red  precipitate,   sale   of,    132 

Reform,  idea  of,  in  treatment  of  crim- 
inals, 20;  facilities  for,  in  Re- 
formatory, 205;  utility  of  custodial 
farm  in,  206;  effect  of,  on  treat- 
ment of  convicts,   213,   214 

Reform   Act,    provisions   of,    353 

Reform  school,  establishment  of,  20, 
80;  separate  departments  in,  for 
boys  and  girls,  20;  purpose  of,  80; 
management  of,  80;  inspection  of, 
80;  duties  of  superintendent  of, 
80,  81;  commitment  to,  81;  bind- 
ing out  of  inmates  of,  81,  82;  dis- 
charge of  inmates  of,  82  ;  return  of 
inmates  of,  82 ;  escape  from,  82 ; 
department  of,  for  girls,  104;  re- 
ports of,  362;  title  of,  365  (see  also 
Industrial    School) 

Reformation,    agencies  in,   208,   209 

Reformatories,  establishment  of,  20 , 
extent  of,  in   United  States,   379 

Reformatory,  tax  for,  153  ;  establish- 
ment of,  203 ;  class  of  convicts  in, 
205,  206;  department  for  insane  in, 
206 ;  transfer  of  convicts  in,  to 
penitentiary,  206;  imprisonment  of 
female  convicts  at,  206 ;  employ- 
ment of  convicts  in,  212  ;  effect  of, 
in  extending  prison  limits,  216; 
penalty  for  passing  means  of  escape 
into,  216,  217  (see  also  Peniten- 
tiary) 

Reformatory  for  Females,  establish- 
ment of,  148,  202,  379;  tax  for, 
153;  supervision  of,  202;  officers 
of,  202,  203;  support  for,  205; 
commitments  to,  207;  transfer  of 
girls  to,  207;  schools  in,  214,  215; 
employment  in,  214.  215;  instruc- 
tion in,  214,  215;  parole  of  in- 
mates  of,    217 

Refuge  places,  construction  of,  on 
haulage   ways,    257 


TXDKX 


435 


Registrar  of  Vifiil  Statistirs,  duties 
of,  294,  295;  reports  to,  294,  295; 
salary  of,  294,  295 

RegistrurK,  reports  of  local,  293 ; 
compensation   of  local,   293,   294 

Registration,  reiiuirenient  of,  for 
motor  vehicles,  334,  325 ;  fee  for, 
325;  penalty  for  violation  of,  325; 
regulations    of,    327 

Relatives,  liability  of,  for  i)oor  relief, 
3G;  recovery  by,  of  expenses  of 
poor  relief,  37;  liability  of,  for 
support  of  insane,  75 ;  requests  of, 
for  discharge  of  insane,  75,  7C; 
care  of  private  insane  patients  by, 
101  ;  consent  of,  for  removal  of  in- 
sane patients,  177;  application  by, 
for  commitment  of  inebriate,  187; 
duties  of.  in  juvenile  cases,  221  ; 
workmen's    compensation    for,    274 

Relief  deyfartments,  creation  oi,  on 
railroads,    270 

Religion,   freedom  of,    152,    153 

Religious  belief,   regard  for,   223,   227 

Religious  instruction,  regulation  of, 
97 

Religious  sects,   birth  of,   19 

Religious  service,  excuse  of  children 
from    school    while    at,    282 

Remarriage,  legality  of,  of  divorced 
persons,   67 

Remedial  legislation,    109,    110,   147 

Remission   of  fines,   provision   for,   45 

Renderies,  regulation  of,  bv  cities, 
128 

Repairmen,  assumption  of  risk  bv, 
271 

Reprieves,  power  of  Governor  to 
grant,   45,   60;   testimony   in,  360 

Reservoir,  penalty  for  pollution  of, 
86 

Residence,  requirement  of,  for  poor 
relief,  37-39;  requirement  of,  for 
admission  to  Soldiers'   Home.   161 

Resolution  of  consent,  requirement  of, 
to  sell  liquor,   140 

Restaurants,  inspection  of,  242;  san- 
itation   in,    300.    307 

Revenue,  disposition  of.  from  mulct 
tax,   140,   141 

Reverse  gear,  equipment  of  boats 
with,    267.    268 

Revised  Statutes,  social  legislation  in, 
32-35 

Revision  of  1860,  social  legislation  in, 
55-67 

Revolvers,  penalty  for  sale  of,  to 
minor,    143 

Rhode  Island,  custodial  farm  in,  207; 
teachers'  pensions  in,  233  ;  refer- 
ence to,  382  ;  workmen's  compensa- 
tion  in,    390 

Rioting.  31;  penalty  for,  .''lO ;  breach 
of  Sabbath   by,   3  60 

Riots,    trial    of    participants    in,    50; 


penalty    for,    63 ;    power  of   cities  to 

prevent,     63,     64 ;     quelling    of,     at 

Hospital   for   Inebriates,    193 
Rivers,   penalty   for   pollution   of,   86 
Road    rules,    enactment    of,    48,     323- 

327;   reference  to,    l.'il 
Road   supervisors,    diities   of,    48 
Robbery,    31  ;    imprisonment   for,    205, 

200 ;     denial    of    probation    in    case 

of,   210 
Roof    falls,    presence    of,    in    traveling 

ways,  254 
Rooms,  fire  escape  signs  in,  316 
Rope,    penalty    for    passing    in    of,    to 

penitentiary,    216,    217 
Rose   extract,    standard   of,    303 
Roulette   wheels,   destruction   of,   343 

Sabbath   (see  Breach  of  Sabbath) 

Saccharine,  adulteration  with,   302 

Safety  appliances,  requirement  of,  in 
factories,  110;  requirement  of,  in 
mines,  114,  115,  116,  117,  256, 
257,  262 ;  maintenance  of,  on  rail- 
roads, 117;  regulations  of,  248, 
249;  equipment  of  switch  engines 
with,  264;  equipment  of  caboose 
cars  with,  264,  265;  equipment  of 
street  cars  with,  2()6.  267;  effect 
of  failure  to  provide,  on  indemnity, 
271 ;  authority  of  Industrial  Com- 
missioner  over,   274 

Safety  precautions,  242,  248,  250, 
267,  268 

Sailboats,  inspection  of,  118;  licens- 
ing of,    118 

Sailors,  homes  for,  21,  92;  admission 
of,  to  Soldiers'  Home.  92.  93;  dis- 
charge of.  from  Soldiers'  Home,  93, 
94 ;  insanitv  of,  94 ;  residence  of, 
93,  94;  relief  of,  94,  95,  163; 
burial  of.  94.  95.  163;  exemption 
of  property  of,  from  taxation,  93, 
164;    preference    to.    319 

Sailors'    orphans,    care    of.    165 

Salaries,  appropriation  for.  98;  power 
of  Board  of  Control  to  fix.   149 

Saloons,  immoral  decorations  in.  135, 
140;  suppression  of  prostitution  in, 
136;  employment  of  women  in,  136, 
140;  exclusion  of  minors  from,  140, 
143;  gambling  in.  140.  143;  ex- 
clusion of  drunkards,  and  intox- 
icated persons  from.  140;  hours  for 
operation  of.  140.  340;  location  of, 
140,  337;  furniture  in.  140;  de- 
crease in  number  of.  336;  ratio  of, 
to   population,    338.    341 

Saloon  keepers,  qualifications  of,  140; 
duties  of,  140;  penalty  for  viola- 
tion of  liquor  law  by,   14u 

San  Francisco,  mothers'  pensions  in, 
385 

Sanatorium,  21,  22;  establishment  of, 
149,  190;  tax  for,  153;  purpose  of, 


436 


INDEX 


290;  control  of,  290;  appropriation 
for,  290,  291;  admission  to,  291; 
amount  of  support  of,  291,  292 ; 
method  of  support  of,  291,  292; 
rates  of,  for  patients,  291 ;  trans- 
portation of  patients  to,  291; 
change  in  name  of,  291;  ap- 
propriation for,  291;  advanced 
cases  of  tuberculosis  at,  292 ;  sup- 
port of  patients  in,  by  counties,  292 

Sanitary  engineer,  position  of,  286; 
salary  of,   286 

Sanitation,  beginnings  of,  15;  prob- 
lem of,  in  pioneer  Iowa,  27 ;  con- 
trol of,  by  street  commissioners,  61 , 
control  of,  by  Board  of  Health, 
120,  286;  control  of,  by  local 
boards  of  health,  121;  nature  of 
problem  of,  128  ;  regulation  of,  128, 
129,  306,  307,  309-311;  require- 
ments of,  in  cold  storage  plants, 
305,  306;  requirement  of,  in  hotels 
and  lodging-houses,  310,  311;  lit- 
erature on,   392 

Savin,   sale  of,    132,   337,   328 

Savory  extract,   standard  of,   303 

Scales,  accuracy  of,  109 ;  inspector  of, 
109 

Scarlet  fever,  penalty  for  conveying 
person  ill  with,  123  ;  quarantine  of, 
288;    fumigation   after,    288 

Scavengers,  license  of,  129 ;  control 
of,   367 

School,  attendance  at,  by  apprentices, 
54 ;  maintenance  of,  for  juvenile 
delinquents,   224 

School  boards,  punishment  of  truancy 
by,  281;  powers  of,  281,  282,  341, 
343 ;  duties  of,  283 ;  establishment 
of  playgrounds  by,  283 ;  coopera- 
tion of,  with  city  officials,  283  ; 
question  of  tax  submitted  by,  283 

School  census,  utility  of,  281;  data 
in,  281,  282 

School  children,   free  food  for,   399 

School  corporations,  acceptance  of 
benevolent  gifts  by,  154;  purchase 
of  land  by,  283 ;  indebtedness  of, 
283 

School  district,  payment  of  workmen's 
compensation  by,   272 

School  for  the  Deaf,  reduction  in 
number  of  trustees  of,  98 ;  admis- 
sion to,  98,  173,  174;  transporta- 
tion of  pupils  to,  98  ;  appropriation 
for,  98,  374;  support  of,  98,  99, 
172,  173;  change  of  name  of,  98; 
control  of,  148,  172 ;  tax  for,  153 ; 
salaries  in,  172;  compulsory  edu- 
cation in,  173;  tuition  in,  174;  re- 
ports of  superintendents  of  common 
schools  to,  174;  maintenance  of, 
for  entire  year,  173;  fire  at,  374 
(see  also  Institution  for  Deaf  and 
Dumb) 


School  houses,  water  closets  at,  129 ; 
fire  escapes  on,  314,  316;  doors  in, 
316 

School  superintendents,  reports  of,  to 
School    for    the    Deaf,    174 

Schools,  protection  of,  from  disturb- 
ance, 87;  closing  of,  to  prevent 
disease,  123 ;  exclusion  of  unvac- 
cinated  from,  123;  solicitation  of 
donations  by,  155;  compulsory  at- 
tendance at,  280-282,  399;  use  of 
tobacco  by  children  in,  341 ;  loca- 
tion of  tobacco  or  liquor  advertise- 
ments near,  342 

Scott    County,    383 

Screens,    requirement    of,    307 

Search,  authority  to,  53 

Search  warrants,  issuance  of,  65, 
137,    341 

Secret  societies,  prohibition  of,  in 
public  schools,    343 

Secretary  of  Board  of  Health,  salary 
of,  121,  285;  report  of  vital  sta- 
tistics to,  125;  duties  of,  285,  294; 
295;  appointment  of,  286;  title  of, 
286;  jurisdiction  of,  286;  term  of, 
286 

Secretary  of  State,  report  of  criminal 
statistics  by,  40,  357;  returns  from 
execution  of  order  of  pardons  to, 
45,  60;  reports  of  petroleum  in- 
spectors to,  133  ;  license  by,  to  solicit 
donations,  155 ;  position  of,  on 
board  of  appointment,  285 ;  refer- 
ence to,  294 ;  registration  of  motor 
vehicles  by,  324;  report  of  petro- 
leum dealers  to,  330 

Security,  requirement  of,  from  va- 
grants,  46 

Seduction,  classification  of,  52 ;  pen- 
alty for,  52 ;  marriage  bar  to  pros- 
ecution for,   53 

Seeds,   inspection  of,  299 

Segregation,  development  of  policy  of, 
68 ;  policy  of,  for  feeble-minded, 
174;  negative  eugenics  of,  197; 
utility    of,    197 

Selective  mating,  futility  of  laws  for, 
196,   197 

Self-government,    importance   of,    11 

Self-support,  eligibility  to  Soldiers' 
Home   on   basis   of,    160 

Seminaries,   fire   escapes  on,    314,    316 

Sentence,  dimunition  of,  59,  60,  79 
103,  104;  suspension  of,  60,  209 
210;  legislation  pertaining  to,  207 
210;  revocation  of  supervision  of, 
210;  pardon  of  convicts  under  sus 
pended,  210;  denial  of  parole  in 
case  of  life,    217 

Sepulchre,  penalty  for  violation  of, 
358 

Servants,  exclusion  of,  from  work- 
men's  compensation,   272 

Service,    eligibility   to    Soldiers'    Home 


INDEX 


437 


on  basis  of,  160;  pension  for,  to 
firemen,  235,  236 

Sottloment,  rPKuIations  of,  33,  37-39, 
179-182,  376;  trial  of  disputed 
cases  of,  38,  39;  acquirement  of, 
by  others  than   white  people,   68 

Sewage  disposal  plant,  appropriation 
for,  192;  purchase  of  real  estate 
for,  309 

Sewer  outlets,  purchase  of  real  estate 
for,    309 

Sewerage,  control  of,  by  street  com- 
missioners,   01 

Sewers,  inspection  of,  309 ;  power  of 
cities  to  construct,    128,   129 

Sexual  passion,  penalty  for  arousing, 
in  child.   335 

Sexual  perverts,  asexualization  of, 
197-199 

Shambaugh,  Benj.  F.,  editor's  intro- 
duction by,  vii ;  acknowledgment  to, 
xi 

Shears,    punishment   with,    354 

Sheep,  diseased,  85 

Sheep-raising,    eflfeet    of,    on    labor,    12 

Shenandoah,  superior  court  in.  383 

Sheriffs,  report  of  criminal  statistics 
by,  40,  200;  supervision  of  jails 
by,  41 ;  conveyance  of  insane  to 
hospitals  by,  74 ;  duties  of,  77, 
186;  powers  of,  conferred  on  pro- 
bation officers,  224  ;  permit  by,  to 
carry  concealed  weapons,  331,  332; 
contents    of   calendar    of,    357 

Shooting,  reference  to,  on  Sunday, 
34;   penalty   for,   on   Sunday,   63 

Shooting  galleries,  power  to  regulate, 
143 

Shops,  regulating  of  lighting  of,  130; 
employment   of  cliildren    in,    2(9 

Shot  examiners,  supervision  of,  252 ; 
duties  of,  258,  259;  competencv  of, 
261 

Shot   firing,   precautions  in,   258,   259 

Shots,  material  for  tamping  of,  259 

Shows,  license  of,  34,  64,  360;  pen- 
alty  for   immoral,    333 

Sick   persons,    care   of,    106 

Sickness,  protection  from,  84 :  reg- 
ulations concerning  causes  of,  85, 
121 

Sidewalks,  repair  of,  86;  displays  on, 
307;   removal   of  snow  from,   369 

Signals,  use  of,  in  mines,  256;  giving 
of,   by  motor  vehicli's,   326 

Signs,  maintenance  of,  by  railroads 
at  crossings,  62 ;  maintenance  o1, 
indicating  fire  escapes,  250,  310, 
317;  maintenance  of,  in  traveling 
ways,  254  ;  maintenance  of,  indicat- 
ing speed   of  motor   vehicles.    326 

Sioux  City,  police  matrons  in,   379 

Skating  rinks,  regulation  of,  342; 
definition  of,  342  ;  taxation  of,  342  ; 


licensing    of,     342;     prohibition    of, 
342 
Skimmed    milk,     penalty    for    sale    of, 
126;   labeling  of,    12("),   305;   penally 
for   failure   to   pasteurize,    301 
Skimmed  milk  cheese,  penalty  for  sale 

of,    126;   labeling  of,    126 
Slack,   presence  of,   in   coal,    109 
Slaughter   houseB,    regulation   of,    128; 
employment     of     children     in,     279 ; 
licensing     of,     300;     inspection     of, 
300;   sanitation  in,   306,   307 
Slave    trade,    prohibition    of,    in    Eng- 
land,   14 
Slavery,   importance  of,'  18,    19 
Sleeping  cars,   hours  of  employees  in, 

2G3 
Smallpox,      penaltj'      for      inoculating 
with,   47 ;   spread  of,   47 ;   reference 
to,   123  ;  penalty  for  conveying  per- 
son   ill    with,     123 ;    segregation    of 
cases   of,    123 ;    care    by    county    in 
cases  of,   123;   quarantine  of,   288; 
fumigation   after,    288 
Smells,   nuisance  of,   47 
Smith,   Adam,   influence  of,    14 
Smith,    Walter   I,    199 
Smoke,  nuisance  of,   311,   312;   abate- 
ment  of,    311,    312;   prevention   of, 
312 
Snow,  removal  of,  from  walks,   369 
Soaked  goods,  labeling  of,  127,   128 
Soap   factories,    regulation    of,    129 
Social   betterment,    interest   in,    25,    26 
Social  consciousness,  first  signs  of,  13, 

14;    development  of,   23 
Social  justice,  accomplishment  of,  26; 

sense  of,  147 
Social  legislation,  definition  of.  3-8 ; 
scope  of,  4-6,  351;  purpose  of,  4,  6, 
7,  26;  distinction  between  political 
legislation  and,  5;  distinction  be- 
tween economic  legislation  and,  5, 
6  ;  division  of  field  of,  7,  8  ;  history 
of,  9-26;  recent  emphasis  on,  9; 
importance  of,  in  England,  15;  de- 
velopment of,  in  England,  15 ;  de- 
velopment of,  in  America,  16-20; 
roots  of,  18  ;  obstruction  of,  by  bus- 
iness, 24;  opposition  to,  24,  25; 
beginnings  of,  in  Iowa,  27-35; 
character  of  first,  in  Iowa,  27; 
need  of,  in  pioneer  Iowa,  27  ;  char- 
acter of,  in  Old  Blue  Book.  27,  28; 
amount  of,  in  Old  Blue  Book,  32  ; 
amount  of,  in  Blue  Book,  32  ; 
amount  of,  in  Revision  of  1860, 
55;  effect  on,  of  change  in  county 
administration,  55;  progress  in,  68, 
91;  increase  in,  147;  nature  of  re- 
cent, 147 
Social     reform,      obstruction     of,     by 

political    corruption,    25 
Social   welfare,    influence    of   domestic 


438 


INDEX 


system  on,  10;  regulation  of,  by 
local  areas,  16;  concern  in,  55,  147 

Social  viewpoint,  influence  of,  on  leg- 
islators,   9 

Socialism,    stimulation   of,    19 

Socialists,  opposition  of,  to  social  leg- 
islation,   •i4,    25 

Society,  character  of,  4 ;  retrogressive 
portion  of,  7;  interests  of,  9,  10; 
creation  of  new  class  in,  13  ;  com- 
plexity of,  23 ;  integrated  con- 
sciousness of,   351 

Sodomy,    31;   penalty  for,    136,   205 

Soldiers,  homes  for,  21,  92 ;  relief  of, 
69,  94,  95,  163;  admission  of,  to 
Soldiers'  Home,  92,  93 ;  discharge 
of,  from  Soldiers'  Home,  93,  94  ;  in- 
sanity of,  94;  residence  of,  93,  94; 
burial  of,  94,  95,  163 ;  exemption 
of  property  of,  from  taxation,  95, 
164;  children  of,  eligible  to  Or- 
phans' Home,  96;  legislation  con- 
cerning, 158-164;  preference  to, 
319 

Soldiers'  county  orphan  fund,  tax  for, 
70 

Soldiers'  Home,  establishment  of,  92 ; 
admission  to,  92,  93,  94,  160-162; 
management  of,  93,  148;  compen- 
sation of  trustees  of,  93 ;  bond  of 
trustees  of,  93 ;  residence  of  in- 
mates of,  93,  94;  officers  of,  94; 
salaries  in,  94,  371,  373;  support 
of,  94,  159;  appropriations  for,  94, 
371;  tax  for,  153;  legislation  in  re- 
gard to,  158-163;  assistant-sur- 
geons in,  159,  160;  appointment  of 
officers  in,  160;  qualifications  of 
officers  in,  160;  basis  of  eligibility 
to,  160;  regulation  of  pensions  in, 
162,  163,  232;  improvements  at, 
371 

Soldiers'  orphans,  enumeration  of,  70, 
97;  adoption  of,  70;  care  of,  165, 
167 

Soldiers'  Orphans'  Home,  control  of, 
148  ;  tax  for,  153  ;  abandoned  chil- 
dren placed  in,  157;  legislation 
concerning,  165-167;  anachronism 
of,  165;  function  of,  165;  age  of 
discharge  from,  165;  admission  to, 
165;  support  of,  165,  166;  adop- 
tion of  inmates  of,  166,  167;  plac- 
ing out  of  inmates  of,  166,  167; 
title  of,  364 ;  appropriations  for, 
372,  373;  improvements  at,  372, 
373;  salary  of  superintendent  of, 
373 

Soldiers'  orphans'  homes,  mainte- 
nance of,  by  counties,  69,  70;  man- 
agement of,  69  :  control  of,  69,  70  ; 
functions  of,  70 ;  cost  of  support 
in,  70;  support  of,  by  State,  70; 
tax  for,    70 ;    discharge  from,   70 

Soldiers'  monument,  tax  for,  364 


Soldiers'   relief  commission,   duties  of, 
95 ;    membership    of,    95 ;    appoint- 
ment    of,     95;     meetings     of,     163; 
erection  of  monument  by,    163,    164 
Soldiers'   widows,   relief  of,   outside   of 

poorhouses,   69 
Solicitation,   protection  against,    151 
Soliciting,      asexualization      for,      198, 
199;    penalty   for,    335;   punishment 
of    women    for,    335 
Solitary    confinement,    punishment    bv, 
42,     43,     78,      106;     effect     of,     o'n 
dimunition   of   sentence,    104 
South    Carolina,    382 
South    Dakota,    mothers'    pensions    in, 

385 
Sovereignty,    offenses    against,    48 
Spanish-American    War,    relief    of   sol- 
diers   of,    163 
Speaking    tubes,    maintenance    of,     in 

mines,    114,    256 
Spearmint    extract,    standard    of,    303 
Special      charter      cities,      boards      of 
health    in,     122,     129;    public    bath 
house     in,      129;      construction     of 
buildings    in,    131,    313;    police   ma- 
trons in,  201  ;  firemen's  pensions  in, 
234-236;      playgrounds      in,      283; 
licensing  of  plumbers  in,   309,   310; 
regulation  of  plumbing  in,  310;  fire 
districts    in,    313  ;    tax    for    fire    de- 
partments in,  318,   319,   369;   board 
of  police  and  fire  commissioners  in, 
320;    application    of    Moon    law    to, 
341;   infirmary  in,   359;  outdoor  re- 
lief by,   359;   liquor  law  in,   370 
Special   charters,   social  powers  in,    55 
Special   legislation,    prohibition    of,    19 
Speed,    regulation   of,    for   boats,    ffBS ; 
regulation     of,     of    motor    vehicles, 
324,    326 
Spendthrifts,    guardians   for,    77,    102, 
156;  mortgage  of  property  of,   102; 
support  of  dependents  of,   102 ;   ter- 
mination   of   guardianship    of,    102; 
contributory    dependency    of,    156 
Spirit    Lake    Relief    Expedition,    pen- 
sion  for  survivors  of,   239 
Sports,    penalty    for    engaging    in,    on 

Memorial   Day,    334 
Springs,    penalty    for   pollution   of,    86 
Sprinkling,   requirement  of,   in  mines, 

259 
Stables,      regulation     of     lighting     of, 

130;  location  of,  in  mines,  276 
Stairways,  maintenance  of,  in  mines, 
113  ;■  construction  of,  131,  253, 
255;  fire  escape  signs  at,  316,  317 
Stake  holding,  penalty  for,  143 
Standard  of  living,  betterment  of,  15 
Standpatters,    opposition   of,    to   social 

legislation,    24 
Standpipes,    maintenance   of,    317 
Star  anise   extract,    standard   of,    303 
State,    support   of   non-resident   insane 


INDEX 


489 


by,  75 ;  control  of,  over  local  in- 
stitutions for  insane,  101;  district- 
ing of.  111,  151,  285,  286;  in- 
mates of  Soldiers'  Orphans'  Homes 
wards  of,  165,  166;  workmen's 
compensation  by,  272;  fire  protec- 
tion  by,    :il3-318,   320-323 

State  aid,  lack  of,  in  poor  relief,  21  ; 
first  Krant  of,  40;  abolition  of 
direct,   56 

State  Auditor,  position  of,  on  board 
of    appointment,    286 

State  control,  beginning  of,  16,  17; 
method  of,  17;  necessity  of,  22; 
exercise    of,    29,    30 

State  Hishway  Commission,  super- 
vision   of   convict    labor   by,    213 

State  Historical  Building,  death  cer- 
tificates  in,    294 

State  institutions,  exclusion  of  liquor 
from,  340;  bringing  of  opium  into, 
342 

State  Insurance  Department,  approval 
of  employers  insurance  by,  275 

State  poor,   class  of,   21 

State    prisons,    establishment    of,    17 

State  Teachers'  Association,  pension 
bill   of,   233 

State  Treasury,  247,  248 

State  universities,  place  of,   17 

Statistics  (see  Criminal  statistics  and 
Labor   statistics) 

Statutes  of  Laborers,  provisions  of, 
12 

Steam,  presence  of,  in  escape  shaft, 
254 

Steamboats,  safety  precautions  on, 
31;  inspection  of,  118;  licensing 
of,   118 

Steam  boilers,  equipment  of,  110;  in- 
spection of,  110,  130;  reirnlation  of 
construction  of,  130;  insurance 
against   explosion   of,   272 

Steam  engines,  regulation  of,  on  high- 
ways,   323,    324 

Sterilization    (see   Asexualization) 

Steward,  management  of  poorhouse 
by,  39 :  duties  of,  in  insane  hos- 
pitals, 73 :  employment  of,  at  peii- 
ilentiary,    79 

Stimulants,  teaching  of  effects  of,   105 

Stocks,    punishment    by,    354 

Stone,  breaking  of,  by  convicts,  211  : 
furnishing  of,  for  highways,  211; 
method    of   breaking   of,    213 

Stone  quarries,  employment  of  con- 
victs in,    104 

Storekeeper,   service  of,   202,   203 

Stores  (see  Mercantile  establish- 
ments) 

Stovepipes,  regulation  of  construction 
of,    130 

Streams,    penalty    for   pollution    of,    86 

Streets,    freedom    of,    from    nuisances. 


61 ;   repair  of,  62  ;   penally  for  leav- 
ing glass  in,   396 
Street   commissioners,    duties   of,    61 
Street    cars,    equipment    of,    117;    pen- 
alty for  failure  to  equip,   117,   267; 
enclosure     of     vestibules     on,     266, 
267;    transparent   shield   on    trailer, 
260,    267 ;    power    brakes    on,    267  ; 
passing  of,   by  motor  vehicles,   326; 
penalty    for    disorderly    conduct    ou, 
334 
Street  display,   regulation   of,   307 
Street   lamps,   standard  of  oil   in,    133, 

329,    330 
Street    railways,    municipal    ownership 
of,   15;   safety  precautions  on,   266, 
267 
Stretchers,     provision     of,     in     mines, 

262 
Strikes,    prohibition    of,    247 
Strychnia,    sale   of,    132 
Strychnine,   sale   of,    327,    328 
Students,   use   of  liquor  by,   336,   337 
Sub-registrars,    appointment    of,    293, 

294 
Suffrage,    abolition    of    property    qual- 
ifications for,   18 
Sugar   vinegar,    standard  of,    303 
Sulphate  of  zinc,   sale  of,   132 
Sulphuric    acid,    sale   of,    327,    328 
Sunday    (see   Breach  of  Sabbath) 
Superintendent,    qualifications    of,    for 
insane    hospitals,    57,    73,    101  ;    ap- 
pointment  of,   57;   duties  of,    of  Re- 
form   School,    80,    81  ;    bond   of,    81  ; 
powers   of,    in   Orphans'    Home,   96; 
sex   of,    96;    authority   of,    96;    duty 
of   county,    99 
Supervisors,  powers  of,  in  poor  relief, 

55,  69,  91  ;  county  government  by, 
55;  appointment  of  overseer  of  the 
poor  by,  69:  levy  of  tax  by,  70,  75; 
authority  of,  over  insane,  74,  75, 
177.  178;  duty  of.  relative  to  deaf 
and  dumb  children.  99.  100;  ap- 
])<iinfment  of  soldiers'  relief  com- 
mission by,  95 ;  care  of  sick  and 
disabled  persons  by.  106;  provision 
for  lodging  deserving  persons  by. 
106;  certification  of  residence  of 
soldier  by,  161;  erection  of  soldiers' 
monument  by,  163,  164;  contract 
for  convict  labor  by,  213;  main- 
tenance of  juvenile  detention  home 
by,  224;  payment  of  mothers'  pen- 
sions by,  239;  power  of  chairman 
of,  246 ;  enforcement  of  fire  escape 
law  by,  250.  315.  316;  duties  of, 
in  care  of  tubercular  persons,  292, 
293 

Supplies,  purchase  of,  42,  43,   150 
Support,    method   of,    for    institutions, 

56.  70,  71,  72,  94,  96,  99,  149151, 
159,    165,   166,   170,   171,    172.   173, 


440 


INDEX 


174,  182-184,  188,  191,  192,  205, 
229-231,  291,  292;  liability  for,  of 
pauper  relatives,  68,  (59  ;  amount 
of,  in  institutions,  70,  71,  72,  94, 
96,  98,  99,  100,  101,  105,  159, 
165,  166,  170,  171,  172,  173,  174, 
182-184,  188,  205,  229-231,  291, 
292;  tax  for,  of  orphans,  70,  97; 
liability  of  residence  county  for,  of 
insane,  75  ;  amount  of,  for  convicts, 
79 ;  contract  for,  of  paupers,  92 ; 
liability  of  counties  for,  in  Orphans' 
Home,  96,  97 ;  payment  of,  by  in- 
mates of   Soldiers'    Home,    161,    162 

Superior  courts,  jurisdiction  of,  224, 
377;  jury  in,  224;  officers  for,  224, 
225;   location  of,   383 

Supreme  Court,  decision  of,  affecting 
employment  of  convicts,  211,  212 

Surgeons,  appointment  of,  for  Sol- 
diers' Home,  94,  160;  qualifications 
of,   94,   160,   371 

Swearing,    34 

Sweet  basil  extract,   standard  of,    303 

Sweet  marjoram  extract,  standard  of, 
303 

Swine,  regulations  concerning  dis- 
eased, 124,  127,  301;  burning  of, 
124;  proximity  of,  to  slaughter 
house,    307 

Switch-engines,  lights  on,  264;  foot- 
boards on,  264;  grab  rails  on,  264; 
exceptions  to  use  of,  264;  penalty 
for   failure   to   so   equip,   264 

Syphilis,  prevention  of,  by  asexual- 
ization, 197-199;  classification  of, 
as  contagious  and  infectious,  288; 
report  of  cases  of,  288  ;  penalty  for 
failure  to  report,  288,  289;  penalty 
for  transmission  of,  289 

Syphilitics,  asexualization  of,  197- 
199 ;  right  of,  to  be  asexualized, 
199;   marriage  of,   346 

Talc,  adulteration  of  candy  with,  300, 
301,    302 

Tama  County,  prevention  of  disease 
among   Indians   in,   285 

Tanneries,    regulation   of,    129 

Tariff,    purpose   of,    16 

Taverns,   power  to  tax,   87 

Tax,  levy  of,  for  poor  relief,  33,  36; 
levy  of,  for  support  of  orphans,  70, 
97 ;  levy  of,  for  local  boards  of 
health,  85,  122  ;  levy  of,  on  taverns 
and  houses  of  public  entertainment, 
87:  levy  of,  for  burial  of  indigent 
soldiers,  94,  95  ;  levj'  of,  for  county 
insane  fund,  102,  175;  levy  of, 
on  gambling-places,  143;  levy  of, 
for  State  institutions,  153;  ex- 
penditure of,  for  State  institutions, 
153;  levy  of,  for  benevolent  insti- 
tutions, 154;  discontinuance  of, 
154;    increase    of,    for    poor    relief. 


154 ;  increase  of,  for  relief  and 
burial  of  soldiers,  163;  use  of,  for 
soldiers'  monument,  163,  164,  364; 
use  of,  for  Colony  for  Epileptics, 
196;  use  of,  for  Custodial  Farm, 
207;  levy  of,  for  detention  home 
and  probation  officers,  224;  levy 
of,  for  pensions,  233,  234,  237; 
levy  of,  for  city  hospitals,  295 ; 
levy  of,  for  county  hospitals,  290, 
297 ;  levy  of,  for  garbage  disposal 
plant,  309;  levy  of,  for  sewer  out- 
lets and  purifying  plants,  309  ;  levy 
of,  for  fire  department,  318,  319, 
369;  assessment  of,  against  houses 
of   ill   fame,    335 

Taxation,  exemption  of  soldiers' 
property  from,  95,  104;  exemption 
of  pensions  from,  232;  exemption 
of   motor  vehicles   from,    325 

Teachers,  pensions  for,  233 ;  min- 
imum wage  for,  244,  245 ;  instruc- 
tion  in   danger  of  fire  by,    322 

Teachers'    College    (see    Normal) 

Teachers'  institutes,  protection  of, 
from   disturbance,    87 

Telephones,  municipal  ownership  of, 
15;    maintenance  of,    in   mines,   256 

Temperance,    victories    for,    19 

Temple  amendment,  passage  of,  270 ; 
provisions    of,    270 

Temporary  disability,  workmen's 
compensation    for,    274 

Tenements,  fire  protection  in,  131, 
315 

Ten   Hours   Bill,   reference  to,    14 

Tennessee,    prohibition    in,    398 

Terpeneless  lemon  extract,  standard 
of,   303 

Terpeneless  orange  extract,  standard 
of,   303 

Terra  alba,  adulteration  of  candy 
with,    300,    301,    302 

Testimony,  prohibition  of,  by  negro 
and  Indian,  35;  giving  of,  by  hus- 
band and  wife,  54,  346;  power  of 
Industrial  Commissioner  to  secure, 
274;  taking  of,  by  Governor,  360 

Texas,  custodial  farm  in,  207 ;  work- 
men's  compensation    in,    390 

Texas  fever,   suppression  of,   85,   86 

Theaters,  closing  of,  123 ;  stairways 
in,  131;  fire  escapes  on,  131,  314, 
315,   316;   doors  in,   131,   316 

Theatricals,    regulation    of,    64 

Thieves,    vagrancy   of,    45,    106 

Threshing   machine,    87 

Thyme   extract,    standard   of,    303 

Tobacco,  regulation  of  sale  of,  141, 
142;  cessation  of  rations  of,  215; 
prohibition  of  use  of,  by  pupils, 
341 ;  location  of  advertisements  of, 
342 

Toilets   (see  Water  closets) 

Tonka   extract,    standard   of,    303 


INDEX 


441 


Towns,  general  incorporation  law  for, 
55;  regulation  of  building  con- 
struction by,  61,  130,  313,  316; 
regulation  of  transportation  and 
storage  of  gunpowder  bj',  61 ; 
abatement  of  nuisances  by,  61 ; 
drainage  by,  61 ;  removal  of  putrid 
substances,  by,  61 ;  regulation  of 
markets  by,  61 ;  destruction  of 
tainted  meat  by,  61 ;  control  of  sew 
erage  and  sanitation  by,  61;  main 
tenance  of  fire  companies  by,  62  ;  re 
pair  of  highways  by,  63,  360;  pun 
ishment  of  fast  driving  in,  62 
prevention  of  disorder  in,  63,  64 
regulation  of  houses  of  public  en 
tertainment  by,  64,  66,  87 ;  regu 
lation  of  theatricals  by,  64;  licens 
ing  of  shows  and  circuses  by,  64 
suppression  of  immoral  houses  by, 
64;  regulation  of  litjuor  traffic  in, 
65,  140,  141;  suppression  of 
gambling  devices  by,  66;  regula- 
tion of  speed  of  trains  by,  86;  re- 
pair of  sidewalks  by,  86;  benevo- 
lent gifts  to,  92 :  inspection  of 
steam  boilers  by,  110;  payment  of 
expenses  of  local  board  of  health 
by,  122;  fire  limits  in,  130,  313; 
punishment  of  keepers  of  disorderly 
houses  by,  137;  suppression  of 
opium  joints  by,  142;  regulation  of 
gambling  places  by,  143;  levy  of 
tax  by,  for  benevolent  institution, 
154;  pensions  in,  234-238;  regu- 
lation of  employment  bureaus  by, 
243,  244;  truant  officers  in,  282; 
tax  in,  for  quarantine  expenses, 
284 ;  powers  of,  with  infected  per- 
sons, 287 ;  purchase  of  garbage 
disposal  plants  by,  309;  purchase 
of  dump  grounds  by,  309;  purchase 
of  sewer  outlets  by,  309;  licensing 
of  plumbers  by,  309,  310;  regula- 
tion of  plumbing  by,  310;  speed  of 
motor  vehicles  in,  324.  326;  speed 
signs  in,  326;  regulation  of  dance 
halls,  etc.,  by,  342 ;  regulation  of 
bill-boards  by,  343 ;  supervision  of 
laying  of  pipes  and  wires  by,  369; 
cleanine:  of  sidewalks  by,  369  (see 
also  Cities) 

Townships,  tax  in,  for  local  board  of 
health,  85 ;  overseer  of  the  poor  in. 
69 ;  expenses  of  local  board  of 
health  paid  by,  122;  tax  in,  for 
quarantine  expenses,  284 ;  powers 
of,    with   infected   persons.    287 

Township  clerks,  report  of  tubercu- 
losis deaths  to,  292  ;  duty  of,  to  dis- 
infect after  tuberculosis.  292; 
duties  of,  as  registrars  of  vital 
statistics,  293,  294;  investigation 
of  fires  by,   321,   322,   323;   reports 


of,  321;  compensation  of,  321;  ex- 
penses of,   321,    323 

Township  overseers  of  poor  (see  Over- 
seers  of  the   poor) 

Township  trustees,  duties  of,  36,  37, 
38,  39;  poor  relief  by,  36,  37,  69; 
powers  of,  69  ;  position  of,  as  board 
of  health,  84  ;  presence  of,  on  local 
boards  of  health,  121 

Toy  pistols,  penalty  for  sale  of,  143, 
331 

Track  inspectors,  classification  of,  269 

Trades,  regulation  of,  367,  368 

Trado   unions,    beginnings   of,    15 

Traffic,  regulation  of,  on  highways, 
48 

Trailers,  transparent  shield  on,  266, 
267 

Training   school   for   nurses,    297 

Trainmen,  hours  of,  262,  263 

Trains,  speed  of,  86;  penalty  for  dis- 
orderly conduct  on,  334;  stopping 
of,   at  crossings,    367 

Tramps,  definition  of,  105;  punish- 
ment of,  105,  106;  solitary  confine- 
ment of,  106;  trial  of.  jointly,  106; 
penalty   for    intimidation    by,    106 

Transients,    vagrancy   of,    45 

Transportation,  safety  precautions  in, 
30,  31;  furnishing  of,  to  convicts, 
79,  218;  furnishing  of,  by  Institu- 
tion for  Feeble-minded  Children, 
100;  work  accidents  in,  117;  fur- 
nishing of,  by  Hospital  for  Inebri- 
ates. 192 

Traveling  ways,  maintenance  of,  in 
mines,  113,  254,  255;  condition  of, 
254;  construction  of.  254,  257; 
signs  in,  254 ;  inspection  of,  254, 
261 

Tread-mill,    use   of.    354 

Treason,  denial  of  bail  for,  41,  77, 
102;  penalty  for,  41,  48,  87,  205 ; 
pardon  in  case  of,  60;  denial  of 
probation  in  case  of,   210 

Treasurer  of  insane  hospitals,  duties 
of,   73 

Tribe  of  Ishmael,  174;  character  of, 
374 

Trip    cars,    lights   on,    257 

Truancv.  reports  of,  281 ;  punishment 
of.    281 

Truant  officers,  provision  for,  281  ; 
diities  of,  281 :  compulsory  appoint- 
ment of,  281,  282;  salaries  of,  282 

Truant   schools,   establishment  of,   281 

Trucks,  kind  of.   on  caboose  cars,  265 

Ti-nstees.  supervision  of  asylum  for 
blind  by.  56 :  supervision  of  asy- 
lum for  deaf  by,  56;  control  of  In- 
sane hospitals  by,  57.  72,  73,  376, 
377;  inspection  by,  57;  control  of 
soldiers'  orphans'  homes  by.  69.  70 ; 
control   of  adoption   of  soldiers'    or- 


442 


INDEX 


phans  by,  70;  supervision  of  Col- 
lege for  the  Blind  bv,  70 ;  organ- 
ization of,  for  Institution  for  Deaf 
and  Dumb,  71;  supervision  of  Re- 
form School,  by,  80,  81,  82;  power 
of,  to  bind  out  children  from  Re- 
form School,  81;  control  of  gifts  to 
benevolent  institutions  by,  92; 
supervision  of  Soldiers'  Home  by, 
93 ;  management  of  Orphans' 
Home  by,  96;  power  of,  of  Or- 
phans' Home,  96;  supervision  of 
Industrial  Home  for  the  Blind  by, 
98 ;  reduction  in  number  of,  at 
College  for  the  Blind,  98;  manage- 
ment of  Institution  for  Feeble- 
minded Children  by,  99 ;  abolition 
of  boards  of,  for  institutions,  148; 
administration  of  firemen's  pension 
by,  234,  235;  administration  of 
policemen's  pensions  by,  237;  man- 
agement of  city  hospitals  by,  296 ; 
management  of  county  hospitals  by, 
291     (see    also    Township    trustees) 

Tuberculosis,  disinfection  after,  288, 
292 ;  prevention  of,  290-293 ;  Sani- 
tarium for  incipient  pulmonary, 
290,  291;  dissemination  of  informa- 
tion about,  291;  treatment  of  ad- 
vanced cases  of,  291,  292  ;  report 
of  deaths  from,  292 ;  county  care 
of  advanced  cases  of,  292,  293 ; 
local  treatment  of,  292,  293  ;  treat- 
ment of,   in  county  hospitals,   297 

Tuition,  amount  of,  in  College  for  the 
Blind,  71,  98;  amount  of,  in  In- 
stitution for  Deaf  and  Dumb,  71 ; 
amount  of,  in  School  for  the  Deaf, 
174;  amount  of,  in  blind  and  deaf 
asylums,    359 

Tumbling  barrels,  use  of,  in  factories, 
278 

Tumbling-rods,    boxing   of,    87,    363 

Turnkeys,    salary  of,    365 

Unchastity,   legislation   on,    334-336 
Undertakers,  reports  by,  293,  294 
Unfaithfulness,   penalties   for,    59 
Uniform    working    day,    establishment 

of,  in  England,  14 
United  States,  effect  of  domestic  sys 
tern  of  industry  in,  16;  social  legis 
lation  in,  17;  influence  of  nation 
alism  upon,  22  ;  work  of,  in  attain 
ing  political  liberty,  23,  24 ;  su 
premacy  of  industry  over  agricul 
ture  in,  24;  character  of  legisla 
tion  in,  26 ;  confinement  of  prison 
ers  of,  42,  43  ;  trend  of  social  leg 
islation  in,  147 
United  States  District  Court,   decision 

of.    272,    273 
United    States    Pharmacopoeia,    refer- 
ence  to,   308 
University  of  Iowa,   State,   control  of. 


by   Board   of   Control,    152 ;    use   of 

liquor    by    students    of,     336,     337; 

sale  of  liquor  within   five  miles  of, 

340,    341 
Unlawful    assembly,    penalty    for,    50, 

63 
Unsexing   (see  Asexualization) 
Unsound  mind,  definition  of,   362 
Unsound    minded,    guardians    for,    77 
Unwholesome  food,  penalty  for  selling, 

47,    61,    125;    destruction   of,    61 
Unwholesome  substances,   adulteration 

of  candy  with,   300,   301,   302 
Urban   population,    increase   of,   18 
Utah,   mothers'   pensions  in,    385 

Vacancies,  filling  of,   in  mines,  260 
Vacation,    provision    for,    in    peniten- 
tiaries,   204,   205 
Vaccination,  control  of,  by  State,  21; 

requirement   of,    123 
Vagrancy,  provisions  in  regard  to,  30, 
46 ;     commitment     for,     to     Reform 
School,    81 
Vagrants,    definition    of,    45,    46,    106, 
231;    treatment    of,    46;    arrest    of, 
46 ;    imprisonment    of,    46 ;    appren- 
ticing   of    minor,    46,    82 ;    sentence 
of,   to   hard  labor,    46 ;    earnings  of, 
46;    tramps    classed    as,    105,    106; 
legislation    concerning,    since    1897, 
231 
Vanilla   extract,    standard   of,    303 
Vasectomy,  operation  of,   197-199 
Vehicles,   rule  for  passing  of,   62 
Venereal      disease,      instruments      for 

cure  of,  135 
Ventilation,  regulation  of.  In  mines, 
83,  113,  115,  254,  275,  276;  reg- 
ulation of,  by  cities,  129,  131;  con- 
ditions of,  in  gypsum  mines,  255 ; 
requirement  of,  in  factories  and 
workshops,  278 
Ventilation     shaft,      approval     of,     by 

Mine    Inspector.    254 
Veratrum,    sale    of,    327,    328 
Vermin,    extermination    of,    in    hotels, 

289 
Vermont,    asexualization    in,    378;    in- 
determinate sentence  in,   380,  381 ; 
reference  to,   382 
Vestibules,     enclosure     of,     on     street 

cars,    117,   266,   267 
Veterinarians,    sale   of   drugs   to,    329 
Veterinary    Surgeon,    presence    of,    on 
Board    of    Health,    120;    review    of 
regulations   of.    120;    destruction   of 
live    stock    by,    124;    quarantine    of 
live   stock  by,    124;    salary   of,    124, 
289;    reports  of,    124;    secretary   of, 
289;    notification    of    diseased    stock 
given   to,    289;    duties   of,    289,    290 
Viaducts,   construction  of,    131 
Vinegar,   adulteration   of,   303;   stand- 
ard of,   303 


INDEX 


443 


Vinton,    College   for   the   Blind   at,    70 

Virginia,  asexualization  in,  1578;  ref- 
erence to,  382,  'SS'.i  ;  prohibition  in, 
398 

Visiting  committee,  appointment  of, 
for  insane  hospitals,  TZ ;  duties  of, 
72 ;  powers  fif,  72 ;  success  of,  72, 
73;  letters  of  insane  to,  76;  value 
of,   361;   abolition  of,   361 

Visitors,  fees  from,  at  penitentiary, 
43,  214 

Vital  statistics,  collection  of,  22 ;  sys- 
tem of,  124,  125.  293-295,  399 ; 
extent  of,  in  United  States,  293 ; 
registrars  of,  293,  294;  appropria- 
tion for,  295 ;  penalty  for  failure 
to    report,    295 

Vital    Statistics   Department,    392 

Vitiating  influences,  amelioration  of, 
142,    143,    342,    343 

Voluntary  commitment,  encourage- 
ment of,   179 

Wages,  determination  of,  by  .iustices, 
12;  portion  of,  paid  by  public,  12; 
rise  of,  in  1348,  12;  decrease  of, 
by  Industrial  Kevolution,  13;  in- 
crease of,  by  apportionment  by 
families,  13 ;  payment  of,  to  min- 
ors, 46 ;  exemption  of,  from  ex- 
ecution, 46,  47,  358 ;  judgment  for, 
exempt  from  stay  of  execution,  60 ; 
payment  of,  for  labor  of  prisoners, 
77,  78,  213;  receipt  of,  by  wife, 
82;  prompt  payment  of,  108,  109; 
payment  of,  to  miners,  109,  244; 
subtraction  from,  for  impurities  in 
coal  mined,  109;  levy  on,  for  sup- 
port of  family,  156;  payment  of, 
to  inmates  of  Hospital  for  Inebri- 
ates, 194,  195;  garnishment  of,  of 
non-residents,  244;  legislation  con- 
cerning, since  1897,  244,  245; 
workmen's  compensation  based  on, 
273 
Wagons,  inspection  of,  299 
Wapello,  police  matrons  in,  379 
Wardens,  powers  of,  30,  43,  44,  104, 
203,  204,  205;  appointment  of,  42; 
residence  of,  42  ;  duties  of,  42,  43, 
212,  213,  215;  management  of  pen- 
itentiary by,  58 ;  election  of,  58 ; 
bond  of,  59 ;  removal  of,  59 ;  ap- 
pointments by,  59  ;  reports  by,  59  ; 
term  of,  58,  59;  appointment  of 
matron  by,  103;  disrharge  of  of- 
ficers by,  103;  reduction  of  bonds 
of,  204;  convict  labor  in  house  of, 
212;  custody  by,  of  convicts  on 
highways,  212;  rules  of,  for  bet- 
terment of  convicts,  215;  salary  of, 
357,  359,  365 
Warehouses,  fire  escapes  on,  315 
Washing  facilities,  furnishing  of,  277, 
278,    310 


Washington,    asexualization    in,    378; 
reformatory   in,    379 ;    indeterminate 
sentence    and   jjarole    in,    380,    381; 
mothers'  pensions  in,  385;  accident 
insurance    in,    390;    prohibition    in, 
398 
Water,   pollution   of,    47;    drainage  of, 
61  ;     appropriation     for     supply     of, 
192 ;    presence    of,    in    escape    shaft, 
254;  presence  of,  in  traveling  ways, 
254 ;  purity  of,  in  slaughter  houses, 
307 
Water    closets,    maintenance    of,    129, 
277,   278,    307,   310,   311;  condition 
of,  277;  number  of,  277,  310;  sep- 
aration   of,    277;    obscene    marking 
in,   334 
Water  courses,   power  to  alter,   128 
Water    gauge,    in.iury    of,    by    miners, 

262 
Water  mains,  inspection  of,  309 
Waterloo,   police   matrons   in,   379 
Wealth,    effect  of  concentration   of,   25 
Weapons,   use  of,   in  penitentiary,   44 ; 
penalty   for  passing   in   of,    to  peni- 
tentiary,   216,    217     (see    also    Con- 
cealed  Weapons) 
Weighmaster,    duties   of,    109 
Well,   penalty   for   pollution   of,    86 
Welsbach    lamp,    standard    of    oil    in, 

133,   329,   330;   use  of,   330 
West      Virginia,      indeterminate     sen- 
tence   in,    380,    381  ;    reference    to, 
382;    accident    insurance    in,    390; 
prohibition   in,    398 
Whipping,   punishment   by,    14,    354 
White   precipitate,    sale   of,    132 
Widows,     relief     of,     of     soldiers     and 
sailors,    21,    69,    94,    95,    163;    ad- 
mission  of,    to   Soldiers'    Home,    92, 
93;    burial    of,    94,    95,    163;    fire- 
men's pension   for  236;   policemen's 
pension   for,   238;   qualifications  of, 
for    mothers'    pensions,    239 
Wife,    testimony    of,    against    husband. 
54,  346;  seizure  of  property  of,  69; 
claim    of.    to    custody    of    defectives, 
77;    privilege   of,   to   receive   wages. 
82 ;    power    of,   to   recover   damages 
from    illegal    liquor    seller.    88 ;    ad- 
mission   of,    to    Soldiers'    Home,    92, 
93,     160,     161;     relief    of,     of     sol- 
diers,   sailors,    or   marines,    94.    95, 
163;   support  of,  of  defectives,   102, 
365;    support   of,   of   inmate   of  Sol- 
diers'  Home,   162,   163;   dependency 
of,    162;    exemption   of   property   of, 
from   taxation,    164;    application   by, 
for    commitment    of    inebriate,    187; 
penalty    for    desertion    of.    346 
Willoughby,    W.   W..    351 
Wills,    effect    of.    157 
Wilson,    Woodrow,    views    of,    351 
Windows,    construction   of.   in   caboose 
cars,  265;   screens  on,   307 


444 


INDEX 


Wine,  legality  of  manufacture  and 
sale  of,  66 

Wintergreen  extract,  standard  of,  303 

Wisconsin,  relation  of,  to  Iowa  coun- 
try, 28 ;  poor  relief  system  of,  28 ; 
pension  in,  233;  laws  of,  in  Iowa, 
355;  schools  for  deaf  in,  361; 
asexualization  in,  378;  reforma- 
tory in,  379 ;  mothers'  pensions  in, 
385 ;  workmen's  compensation  in, 
390 

Witnesses,  appearance  of,  for  Com- 
missioner of  Labor,  108,  242;  pay- 
ment of  expenses  of,  108,  242; 
power  of  arbitration  boards  to  call, 
247 ;  power  of  Fire  Marshal  to  call, 
321 

Women,  segregation  of,  in  jails,  30, 
103;  settlement  of  married,  37,  38; 
presence  of,  on  board  of  trustees  of 
insane  hospitals,  72  ;  matron  of  de- 
partment for,  in  penitentiaries,  103  ; 
seats  for,  in  stores  and  factories, 
110;  penalty  for  inveigling,  to 
house  of  ill  fame,  136;  employment 
of,  in  saloons,  136,  140;  admission 
of  feeble-minded,  to  Institution, 
175;  visitation  of  insane  hospitals 
by,  178 ;  commitment  of  inebriate, 
to  insane  hospital,  187;  imprison- 
ment of,  at  reformatory,  206;  ex- 
clusion of  married,  from  Industrial 
Schools,  226,  227;  reference  to 
hours  of  labor  of,  241;  appoint- 
ment of,  as  factory  inspectors,  241 ; 
advantages  of,  as  factory  inspectors, 
241,  242 ;  water  closets  for,  277 ; 
position  of,  on  board  of  county  hos- 
pital trustees,  297;  punishment  of, 
for  soliciting,  335  ;  penalty  for  con- 
fining, for  prostitution,  335 ;  pen- 
alty for  permitting,  to  stay  in 
houses  of  ill  fame,  336;  custodial 
farm  for,   380 

Wood   alcohol,   sale  of,    308,  309,    327 


Woodbury   County,   383 

Woodward,  location  of  colony  lor 
Epileptics   at,    196 

Work  accidents,  indemnity  for,  83, 
84,  118,  119,  268-275;  prevention 
of,  109-117,  248-268;  report  of, 
112,  242,  248-268;  inquest  in  case 
of,  112;  investigation  of,  266;  com- 
mission to  investigate  problem  of, 
272;  notice  of,  273;  types  of  in- 
demnity  for,    390 

Workhouses,  maintenance  of,  in  first 
class    cities,    58 

Workmen,  organization  of,  14,  15, 
353  ;  indemnity  for  injured,  83,  84, 
110,  268-275;'  protection  of,  from 
accidents,  109,  110;  conduct  of,  in 
mines,  116;  assumption  of  risk  by, 
on  railroads,  118,  119;  rate  of  in- 
demnity   for,    273,    274 

Workmen's  compensation,  beginnings 
of,  15;  reference  to,  252,  268; 
commission  to  investigate,  272;  pro- 
visions of  act  for,  272-275;  elective 
feature  of,  272;  constitutionality  of, 
272,  273;  amount  of,  273,  274; 
method  of  awarding,  273,  274; 
basis  for,  273,  274;  administration 
of,  274,  275;  definition  of,  390; 
extent    of,    in    United    States,    390 

Workmen's  insurance,  definition  of, 
390;  extent  of,  in  United  States, 
390    (see   also   Work   accidents) 

Workshops,  inspection  of,  242 ;  water 
closets  at,  277,  278,  310;  washing 
facilities  in,  277,  278;  dressing 
rooms  in,  278;  drinking  water  in, 
278 ;  gases  in,  278 ;  ventilation  in, 
278 

Worktrains,  caboose  cars  on,  265 

Worshiping  assemblies,  disturbance 
of,  31,  50,  63,  64;  selling  of  in- 
toxicating liquor   near,    64 

Wyoming,  indeterminate  sentence  in, 
380,   381;   reference  to,   382 


This  book  is  DXJE  on  the  last  date  stamped  below 


RECO  LO.UR0 


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